Interior of the Office of Kaplan Johnson Abate & Bird LLP

Fiduciary and Corporate Governance Advice and Litigation

We at Kaplan Johnson Abate & Bird LLP represent trustees, personal representatives, agents and attorneys-in-fact, beneficiaries, corporate officers and directors, and others in fiduciary litigation, both as plaintiff and defendant.

These disputes may arise under wills and trusts, or involve duties owed to shareholders, limited liability company members, or partners, whether as the result of governing documents, statutes, or common law.

Our attorneys also have extensive experience advising management, boards of directors, and officers in corporate governance and fiduciary duty matters. We routinely draft and update corporate governance documents, such as articles of incorporation, operating agreements, and bylaws, and counsel officers and directors on their responsibilities to the company, LLC members, shareholders, and other key stakeholders. Our long experience in business disputes allows us to advise companies and boards on how to mitigate the risk of litigation and government investigations.

Deep Experience with Fiduciary and Corporate Governance Matters

Because we have decades of collective experience handling this diverse array of matters at large firms, we are able to combine the knowledge and experience that clients expect from large firms, with the efficiency and effectiveness of a small firm.

We represent both institutional and individual clients, and our deep understanding of these matters enables us to represent clients effectively on either the plaintiff or defendant side of the dispute. We are also mindful that these matters often involve personal and emotional feelings that can impact the parties’ approach to the litigation.

Aligned with Your Goals

As a firm, we strive to be carefully attuned to our clients’ goals while providing rational and reasonable advice, which can include early resolution of such matters through alternative dispute resolution such as mediation.

Our fiduciary litigators are experienced in:

  • Will contests
  • Probate and estate litigation
  • Trust disputes
  • Breach of fiduciary duty claims
  • Corporate fiduciary duty claims
  • Shareholder disputes
  • Corporate governance/fiduciary duty advice
  • Drafting corporate governance documents/setting up businesses
  • ERISA breach of fiduciary duty claims

Representative Matters

  • Craig & Landreth Cars, Inc. et al. v. Protective Life Corporation et al., 2021 WL 1431870 (Ky. Ct. App. April 16, 2021): Won motion to dismiss fiduciary duty and other claims against insurer related to service contracts, and defended dismissal on appeal.
  • MHS Capital LLC v. Goggin et al., 2018 WL 2149718 (Delaware Chancery Court, May 10, 2018): Successfully obtained dismissal of $35 million fraud, breach of fiduciary duty, and tortious interference with contract claims.
  • Edelman v. Protective Life Corporation et al., No. 01-Civ-2014-90247400 (Ala. Cir. Ct. Jeff. Co. Sept. 19, 2014): Successfully obtained dismissal of shareholder class action concerning $5.7 billion going-private merger.
  • Southeastern Pennsylvania Transportation Authority v. Volgenau et al., 2013 Del. Ch. Lexis 197, 2013 WL 4009193 (Del. Ch. Aug. 5, 2013): Successfully obtained summary judgment in shareholder class action against private equity purchaser in $1.9 billion acquisition of public company.

Contact Us

We counsel and represent clients in Metro Louisville and throughout the nation. To speak with one of our lawyers, call our office at 502-416-1630.