Breach of fiduciary duty.

Abstract

§ 7:1 General § 7:1.1 Potential Advantages to Bringing a Fiduciary Duty Claim § 7:1.2 Fiduciary Relationship Defined § 7:1.3 Circumstances in Which Accountant Is Not a Fiduciary § 7:1.4 Circumstances in Which Accountant Is a Fiduciary [A] Renders Personal Financial, Investment, or Tax Advice [B] Manages Client Assets or Business [C] ERISA Fiduciary § 7:1.5 Duties of a Fiduciary [A] Duty of Loyalty [B] Duty to Disclose Relevant Facts and Render Accounts [C] Duty of Due Care [D] Duty to Maintain Client Confidences § 7:2 Elements of Claim § 7:2.1 Existence of a Fiduciary Relationship § 7:2.2 Breach of a Fiduciary Duty § 7:2.3 Damages Resulting from Breach [A] Compensatory Damages [B] Punitive Damages [C] Prejudgment Interest § 7:2.4 Other Available Remedies [A] Avoidance of Contract [B] Restitutionary Recovery [C] Injunctive Relief [D] ERISA Remedies § 7:3 Affirmative Defense: Statute of Limitations § 7:4 Participation by an Accountant in Another Party’s Breach of Fiduciary Duty § 7:5 Apportionment and Contribution