Financial Institutions and Banking

Fiduciary Duty and Conflicts of Interest

The duties and conduct of financial institutions' directors, officers, and other fiduciaries are routinely scrutinized in financial institution litigation. Common themes in litigation include allegations of breach of fiduciary duty and conflict of interest. Examining these claims requires comprehensive and objective analysis of the actions in question, as well as a deep knowledge and understanding of regulatory and industry standards. NERA combines significant financial institution supervision, policy-making, and industry experience with extensive analytical and research capabilities to address these complex issues.

We have provided expert analysis and testimony for both defendants and plaintiffs in a variety of areas, including:

• Duties of bank boards, and individual directors and officers (D&O)
• Duties of registered investment advisors (RIAs) and broker-dealers
• Duties of investment fund trustees
• Conflicts of interest and non-public information
• Separation of proprietary vs. consumer accounts