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You Can Prove the Fiduciary Foul, But What About the Harm? Establishing and Contesting Damages In Fiduciary Litigation, Boston Bar Association

October 2014

Tuesday, October 21, 2014 12:30 PM to 1:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


This program is about available damages in trust and fiduciary litigation, including a review of the SJC's decision concerning hypothetical investment earnings as a measure of damages in the recent Woodward v. Quincy case. 

The panelists will cover:

  • Types of damages that are available in different types of cases
  • Burden of proof issues relating to damages
  • Massachusetts law on disgorging fees from a breaching fiduciary
  • Unrealized portfolio gains as a form of damages;
  • Considering what type of expert may be needed to establish damages

Sponsoring Section/Committee(s):

Litigation Section