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Prudent Investor Rule, Asset Management, Fiduciary Litigation

A fiduciary (e.g., trustee, personal representative, etc.) has an obligation to invest and manage assets as a “prudent investor” would. When making investment and management decisions, the fiduciary should consider the purposes, terms, distribution requirements and other circumstances of the trust or fiduciary relationship. O’Riley v. US Bank, NA, 412 S.W.3d 400, 414 (Mo. Ct. App. […]

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Breach of Fiduciary Duty, Fiduciary Litigation

Even though it crosses over many different substantive practice areas, fiduciary litigation has in many way become its own practice area. Broadly speaking, a fiduciary relationship exists between individuals when there is a “special confidence reposed in one who in equity and good conscience is bound to act in good faith, and with due regard […]

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