November 11, 2013 Articles

The Changing Landscape of Aiding and Abetting Breach of Fiduciary Duty Claims

Practitioners should anticipate encountering the claim with increasing frequency in the corporate arena.

By Linda M. Glover

In years’ past, claims of aiding and abetting a breach of fiduciary duty were predominantly asserted against professionals, such as attorneys and accountants, who were alleged to have facilitated their clients’ wrongdoing. Recent opinions, however, highlight the flexibility of the claim and hint at its potential to become one of the more potent business torts available to the plaintiffs’ bar. Indeed, the claim is particularly alluring because although the perpetrator of a breach of fiduciary duty may be an individual, the aider and abettor is often a large organization with deep pockets.

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