Fiduciary Litigation

McGuireWoods’ fiduciary litigation team combines the knowledge of our Chambers Band 1-ranked private wealth services team with our skilled commercial litigators. We represent trustees, executors, guardians, agents and attorneys-in-fact, beneficiaries (including charitable organizations), corporate officers, and directors in pursuing and defending fiduciary litigation. Our deep subject-matter knowledge means we manage these matters efficiently and effectively.

Our fiduciary litigators serve as lead counsel for national, regional, and local banks and other financial services clients across the country. Our experience runs the gamut from routine breach of fiduciary duty matters to complex investment management and diversification claims. Our lawyers also provide advice and consultation to fiduciaries to mitigate risk, and guidance on tax, custody, distribution, and other administrative and strategic issues. 

McGuireWoods’ fiduciary litigators regularly represent clients in:

• Will contests

• Probate and estate litigation

• Trust disputes

• Breach of fiduciary duty claims

• Federal and state tax disputes
(income, estate and gift tax)

• Guardianship litigation

• Personal and employee benefit trusts

• Corporate fiduciary duty claims

• Shareholder disputes

• Affiliated investment claims

• Significant and complex investment claims (e.g., securities lending, auction rate securities)

• Beneficiary class actions

• Claims arising out of Ponzi schemes

McGuireWoods has developed two unique services designed to reduce legal, monetary and reputational risk while controlling costs and providing budget certainty for our financial institution clients: the Pre-Litigation Dispute Resolution Team and the Third-Party Services Team.

Our Pre-Litigation Dispute Resolution Team helps financial institutions serving as fiduciaries to resolve disputes before they escalate into costly litigation. This can involve assessing and managing risk, developing resolution or settlement strategies, and negotiating early settlements informally or formally through mediation. Our Third-Party Services Team manages high-risk, third-party matters — primarily subpoenas, garnishments and interpleader actions that are particularly complex or involve significant legal, monetary or reputational risk — to keep financial institutions from becoming targets of litigation.

Our proactive approach to litigation management was recognized in Financial Times’ prestigious North America Innovative Lawyers report, which highlighted our fixed-fee service platform that helps banks and fiduciaries resolve disputes before they escalate.

Yet, litigation cannot always be avoided. For that reason, many of our lawyers who handle pre-litigation and third-party matters also are seasoned fiduciary litigators. The combination of our fiduciary litigators with our highly accomplished trust and estate lawyers provides unparalleled client service — a team approach unique in today’s legal industry that produces real results for our clients.

McGuireWoods represents the top 10 U.S.-based banks, ranked by total assets.

CONTACTS

Andrea C. Chomakos Partner T: +1 704 373 8536
Brian E. Pumphrey Partner T: +1 804 775 7745
Results 1-20 of 33
Show All
Representative Matter

Charitable organization

Represented charitable organization in lawsuit to remedy multimillion-dollar  theft from an incapacitated adult and to appoint an independent conservator to manage her estate.
Representative Matter

Corporate fiduciary

Represented corporate fiduciary in defending against lawsuit seeking to abuse Virginia guardianship proceedings to evade surcharge litigation in another state.
Representative Matter

Corporate fiduciary

Represented corporate fiduciaries in general fiduciary claims, including actions for removal and improper investments or sale of assets.
Representative Matter

Corporate fiduciary

Advised corporate fiduciaries on steps to minimize surcharge actions.
Representative Matter

Corporate fiduciary

Represented corporate fiduciaries in several suits to reform charitable trusts to avoid payment of federal excise taxes.
Representative Matter

Corporate fiduciary

Represented corporate fiduciaries regularly in connection with the termination of charitable trusts or modification of charitable trusts to eliminate racial and other restrictions contrary to public policy.
Representative Matter

Family members

Represented family members in lawsuit to remedy multimillion-dollar theft from an incapacitated adult by abuses of powers of attorney and fraudulent gifts and estate planning documents.
Representative Matter

Family members

Regularly represent family members in lawsuits to appoint guardians for incapacitated family members.
Representative Matter

Fiduciary

Represented fiduciary in state supreme court litigation concerning the requisite mental capacity to execute a claim for an elective share.
Representative Matter

Fiduciary

Represented fiduciaries in suit to correct scrivener’s error (and handled corresponding ruling request before the Internal Revenue Service) involving charitable remainder trust.
Representative Matter

Fiduciary

Represented fiduciary in state supreme court litigation concerning the interpretation of powers of appointment.
Representative Matter

Fiduciary

Represented fiduciaries in over 60 suits under tax laws allowing conversion of net income charitable remainder unitrusts to flip charitable remainder unitrusts.
Representative Matter

Fiduciary

Represented fiduciaries in state supreme court litigation concerning the extent of the fiduciary duty to provide information to trust beneficiaries.
Representative Matter

Fiduciary

Represented fiduciaries in multiple lawsuits (and handled corresponding ruling requests before the Internal Revenue Service) to restructure a trust valued at approximately $100 million.
Representative Matter

Fiduciary

Represented fiduciaries in federal courts on fiduciary income tax matters.
Representative Matter

Fiduciary

Represented fiduciary in action to restructure a trust valued at approximately $200 million to cure state law problems regarding the termination date of the trust.
Representative Matter

Fiduciary

Represented fiduciaries regularly in actions to construe ambiguous provisions of wills and trusts.
Representative Matter

Fiduciary

Represented fiduciary in state supreme court litigation concerning the charitable intent of the settlor.
Representative Matter

Fiduciary

Represented fiduciaries regularly to reform split-interest trusts to qualify for tax benefits connected with qualified charitable remainder trusts.
Representative Matter

Fiduciary

Represented fiduciaries regularly in actions to modify trusts.
Results 1-20 of 33
Results 1-25 of 27
Show All
Michael H Barker Michael H. Barker
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1679
F: +1 804 698 4675
vCard
Kevin Bender Kevin G. Bender
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 7624
F: +1 804 698 2224
vCard
Eric Bilik R. Eric Bilik
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2685
F: +1 904 360 6304
vCard
Jonathan T Blank Jonathan T. Blank
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2509
F: +1 434 980 2258
vCard
William F Branch William F. Branch
Attorney
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 7869
F: +1 804 775 1061
vCard
Tammy Calabrese Tammy J. Calabrese
Counsel
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5138
F: +1 703 712 5183
vCard
Benjamin S Candland Benjamin S. Candland
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1047
F: +1 804 225 5341
vCard
Jean Gordon Carter
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6684
F: +1 919 755 6609
vCard
Andrea Chomakos Andrea C. Chomakos
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8536
F: +1 704 353 6194
vCard
Alec Covington Alec Covington
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2349
F: +1 704 444 8831
vCard
William Gray J. William Gray Jr.
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 7683
F: +1 804 698 2162
vCard
Cynthia Guerin Cynthia C. Guerin
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 469 372 3906
F: +1 214 273 7485
vCard
Meghan L Gehr Meghan Gehr Hubbard
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4714
F: +1 804 698 4676
vCard
Brian A Kahn Brian A. Kahn
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2351
F: +1 704 444 8869
vCard
Melissa Kreager Melissa L. Kreager
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2039
F: +1 704 373 8839
vCard
Bradley R Kutrow Bradley R. Kutrow
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2049
F: +1 704 343 2300
vCard
Jodie N Herrmann Jodie Herrmann Lawson
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2329
F: +1 704 444 8785
vCard
default mcguire woods image Yasser A. Madriz
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 832 255 6361
F: +1 832 214 9931
vCard
Scott Masselli Scott W. Masselli
Attorney
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 7585
F: +1 804 698 2228
vCard
Sterling Moose E. Sterling Moose
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 835 5924
F: +1 919 755 6588
vCard
Sean F Murphy Sean F. Murphy
Partner
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5487
F: +1 703 712 5243
vCard
Kimberly Mydock Kimberly T. Mydock
Associate
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3236
F: +1 904 798 3271
vCard
John B O'Grady John B. O'Grady
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1023
F: +1 804 698 2132
vCard
Brian E Pumphrey Brian E. Pumphrey
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 7745
F: +1 804 698 2018
vCard
Melissa Wolf Riley Melissa Wolf Riley
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2598
F: +1 434 980 2275
vCard
Results 1-5 of 5
Event

13th Annual Fiduciary Advisory Services Seminar

Opportunities for Fiduciaries in Times of Change

Wednesday, October 3, 2018
Chicago, IL
Event

12th Annual Fiduciary Advisory Services Seminar

Issues Confronting Institutional Fiduciaries

October 4, 2017
Chicago, IL
Event

Post-Election Program

November 10, 2016
Complimentary Webinar
Event

11th Annual Fiduciary Advisory Services Seminar

October 5, 2016
Chicago, IL
Results 1-5 of 5
Results 1-20 of 33
Show All
Legal Alert

Recent Cases of Interest to Fiduciaries

July 24, 2018
Legal Alert

Recent Cases of Interest to Fiduciaries

January 2, 2018
Legal Alert

Recent Cases of Interest to Fiduciaries

November 27, 2017
Legal Alert

Recent Cases of Interest to Fiduciaries

May 8, 2017
Legal Alert

Recent Cases of Interest to Fiduciaries

July 22, 2016
Legal Alert

Recent Cases of Interest to Fiduciaries

February 18, 2016
Legal Alert

Recent Cases of Interest to Fiduciaries

August 27, 2015
Legal Alert

Recent Cases of Interest to Fiduciaries

July 30, 2015
Legal Alert

Recent Cases of Interest to Fiduciaries

October 14, 2014
Legal Alert

Recent Cases of Interest to Fiduciaries

June 4, 2014
Legal Alert

Recent Cases of Interest to Fiduciaries

February 28, 2013
Legal Alert

Recent Cases of Interest to Fiduciaries

September 27, 2012
Legal Alert

Recent Cases of Interest to Fiduciaries

July 26, 2012
Legal Alert

Recent Cases of Interest to Fiduciaries

May 30, 2012
Legal Alert

Recent Cases of Interest to Fiduciaries

March 21, 2012
Legal Alert

Recent Cases of Interest to Fiduciaries

January 10, 2012
Legal Alert

Recent Cases of Interest to Fiduciaries

Part 8 - Potpourri

November 30, 2011
Legal Alert

Recent Cases of Interest to Fiduciaries

Part 7 - Trustee Liability for Investment Losses (Part Two)

October 19, 2011
Results 1-20 of 33