Fiduciary Duty Expert Witnesses

What is a fiduciary duty expert witness?

Fiduciary duty expert witness candidates typically have a background in accounting, law, and/or economic damages. Fiduciary duty is the highest standard of care in equity or law. A fiduciary is expected to act in good faith, and not to profit from their fiduciary position. Experts in fiduciary duty have advanced degrees (JD, MBA, PhD) and specialize in areas of expertise as financial advisors, brokers, or retirement plan administrators.

What types of cases require a fiduciary duty expert witness?

Fiduciary duty expert witnesses may provide litigation support for cases involving business management, financial disputes, commercial matters, business interruption, and/or breach of contract. Cases may be civil, criminal, or class-action and require not only expertise but the ability to communicate findings for ease of understanding.

Fiduciary duty expert witness case examples

On behalf of a plaintiff or defendant, Cahn Litigation Services has completed numerous searches for expert witnesses to support breach of fiduciary duty matters, providing candidates for each case to the specifications provided by the attorney in charge. Breach of fiduciary duty cases supported by Cahn Litigation Services experts have encompassed:

• bankruptcy,
• legal malpractice claims,
• professional fiduciary relationships,
• fiduciary duty of loyalty,
• corporate governance,
• New York real estate,
• confidential information,
• partnership disputes,
• financial adviser breach of fiduciary duty claim,
• solicitors’ conflict of interest,
• due diligence, and
• financial fraud audit, among many others.

What litigation support work might a fiduciary duty expert witness be expected to perform?

Expert witness services could include contract and documentation review, deposition testimony, economic damages calculations, research and authoring expert reports, providing expert opinions, arbitration proceedings, and/or testimony in trial court. In addition, clients may seek a fiduciary duty subject matter expert for pre-litigation consulting work. It is essential that a fiduciary duty expert witness possess the ability to provide expert testimony in such a manner that a jury can understand the expert evidence. In a high-profile case, or litigation involving a significant financial stake, legal counsel may request an expert with prior expert witness testimony experience.

Cahn Litigation Services has the experience required to turn a search for a fiduciary duty expert witness around quickly, providing the right balance of expertise and testimony experience.

Related Disciplines

Fiduciary Duty Expert Witness - Representative Bios

Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.

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The below expert witness bios represent a small fraction of those Fiduciary Duty experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Fiduciary Duty landscape.

• Expert Witness #253370

  This expert is the Practice Leader for the firm's Investigative Services Group and brings to the table many years of experience performing forensic work. This expert has assisted clients in a range of litigation assignments and assisted counsel in discovery matters by providing damage-related document requests, interrogatories, affidavits and potential deposition questions. This expert has testified at trial regarding economic damage calculations and forensic accounting findings. Litigation areas served include Excess Wage Loss, Business Income Loss, Fraud and Forensic Accounting Matters, and Business of Fiduciary Duty.

  
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• Expert Witness #232441

  This expert holds an MBA and is currently the Managing Partner of highly successful consultancy specializing in intellectual property issues involving patents, trademarks, trade dress, copyrights, trade secrets and know how. This expert has extensive business and consulting experience across a broad range of industries including Health Care and Life Sciences, Medical Devices, Pharmaceuticals, and other Biotechnologies. This expert has been involved in a variety of litigation matters involving patent, trademark, copyright infringement, theft of trade secrets, breach of contract, tax disputes, breach of fiduciary duty, energy, and antitrust matters. With respect to intellectual property, this expert has performed valuations, conducted licensing negotiations and strategic management studies for corporate clients including multinational and international joint ventures, start-up and development stage companies. This expert has also performed research and analysis regarding industry dynamics and IP management practices, portfolio optimization, evaluation of corporate IP strategies, and effects of technology investment, innovation, adoption and transfer on competition. An experienced expert witness, this expert has testified in federal and state court, ITC, AAA, IAA and ICC matters involving a broad range of IP topics including industry structure, licensing and practices, as well as damages related issues including lost profits, reasonable royalties, price erosion, competition and related topics. This expert has also served as a court appointed expert.  

  
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• Expert Witness #248506

  This corporate governance, duty of care, and responsibility expert leads a consultancy that provides litigation support and testimony, business consulting, and governance services. The consulting team has extensive combined senior management and board experience across industries and works with counsel to address complexities in business litigation, including causation and damages, for both defendants and plaintiffs. As a long-time thought leader in corporate governance issues, this expert can also assist with stress-testing corporate governance structures to identify weaknesses in an organization's checks and balances before they become an issue.

  This expert has been designated as a testifying expert in over 150 cases and has worked on several matters involving Duty of Care and Duty of Loyalty issues. These matters involve the manner in which senior executives or board members conducted themselves in fulfilling their roles and whether they did so in a manner that would be customary and ordinary for someone in that position. This expert has worked on matters filed by bankruptcy trustees against former directors and officers of bankrupt entities where breaches of fiduciary duty were alleged in connection with D&O insurance proceeds, on securities cases with duty of care issues as causes of action, and on executive compensation matters involving disputes about whether executives' conduct comported with a company's code of conduct and demonstrated loyalty to the company.

  This expert has experience providing the perspective of senior business executives and board members on public and private company boards. This expert has evaluated conduct by reviewing governance materials, governance structure, corporate culture, and related information to understand what is observed, what is enforced, and by whom.

  
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• Expert Witness #262339

  This FINRA arbitration expert holds a Juris Doctor and is a former federal enforcement attorney with extensive experience in regulatory compliance and white-collar defense. This expert consults on internal investigations, enforcement matters, regulatory issues, and corporate transactions, including mergers and acquisitions involving complex regulatory structures.

  This expert can explain standard practices within the legal industry for evaluating arbitrators, expectations placed on law firms regarding arbitrator due diligence, and how deviations from those standards may constitute negligence or complicity in a breach of duty. This expert can also explain regulatory and legal fiduciary duties, including the duties of care and loyalty, and assess whether conduct breached those duties, including circumstances involving heightened duties for attorneys specializing in regulatory matters.

  This expert has experience as an expert witness and consultant.

  
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• Expert Witness #269428

  This investor and corporations with personal fiduciaries expert has over 35 years of experience in the financial services industry, is a licensed FINRA registered representative, and is an experienced expert witness.

  This expert has supported both plaintiffs and defendants in matters relating to trustee breach of fiduciary duty, trustee breach of duty of impartiality, and other duties required of trustees by law. Prior to becoming an independent consultant, this expert served in responsible industry roles at leading financial institutions.

  
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• Expert Witness #269598

  This medical device expert has worked in the medical device industry for over 40 years and holds an undergraduate degree in electrical engineering and a master's degree in biomedical engineering. This expert has served as CEO of over 5 medical device companies in multiple countries and has served on the boards of over 10 companies, including in board chair roles. This expert is an inventor on over 50 issued U.S. patents and is an author or co-author of several peer-reviewed papers, including papers related to cardiac diagnostic tests.

  This expert is a biomedical engineer with extensive experience in Class III implantable medical devices, including implantable defibrillators, pacemakers, and LVADs. This expert has also had responsibility for an implantable defibrillator business within a medical device company.

  This expert has been engaged as an expert witness in many cases, has written reports, been deposed, and testified at trial. This expert's experience includes patent disputes involving infringement, ownership, IPR, and ITC matters, as well as alleged misappropriation of trade secrets, alleged breach of fiduciary duty, product liability, and commercial disputes.

  
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• Expert Witness #282687

  This RIA mergers and acquisition/recruitment expert has a B.A. in Business Administration and a J.D. and is an experienced senior investment professional with over thirty-five years of investment management and consulting experience. This expert has broad experience in many aspects of the securities industry, with first-hand experience in RIA mergers and acquisition, trading, clearing, custody, and recruiting and supervising Financial Advisors.

  This expert is a member of a securities expert roundtable and has spent recent years working as a chief operating and compliance officer for mid-sized independent RIAs. Responsibilities have included recruiting and onboarding Registered Investment Advisors. This expert has experience supporting arbitration, litigation, and enforcement matters, conducting internal investigations, and responding to and resolving regulatory investigations and examinations.

  Examples of previous litigation work include interpretation of securities and commodity statements and analysis of transactions; determination of client suitability and improper solicitation; in-depth analysis of options trading and how market volatility affects client holdings; suitability analysis of client investments; discovery of excessive trading ratios, including cost-to-equity, commission-to-equity, and turnover; clarification of client versus broker control of accounts and determination of broker self-interest; assessment of the validity of client complaints; statutory violations of the 33 and 34 Acts; and determination of client/RIA Fiduciary Duty, among other issues.

  
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• Expert Witness #282744

  This FINRA/broker compliance expert has over 30 years of financial services industry experience, with a brief hiatus while completing a law degree. Within the financial services industry, this expert has acquired broad knowledge and experience from both business operations and legal/compliance perspectives. This expert has held various compliance, operations, and corporate finance roles with member firms. This expert is a member of the Financial Industry Regulatory Authority ("FINRA") Arbitrator Roster and serves as a Non-Public Arbitrator for securities industry matters. This expert is also qualified as an arbitrator for the National Futures Association (NFA) in matters relating to violations within the commodities and derivatives marketplace.

  This expert has worked on over 25 cases in recent years involving a range of issues, including U-4/U-5 matters, fiduciary duty matters, investment banking matters, and supervision of Registered Representatives/Financial Advisors. This expert has also testified on several occasions before FINRA Arbitration panels.

  
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• Expert Witness #286447

  This New York wills and estate expert has over 45 years of experience in trusts and estates, including early work in the Surrogate's Court, which handles New York trust and estate matters. This expert has acted as trial counsel in over 50 litigated trust and estate matters, including breach of fiduciary duty cases, and has lectured to bar association trust and estate members.

  
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• Expert Witness #291593

  This municipal bond expert holds a Ph.D. in Public Administration and is a Professor Emeritus in public management and policy at a public research university. This expert previously served as a distinguished professor of public finance at another public university and specializes in municipal securities.

  For over 30 years, this expert served as editor-in-chief of a municipal finance journal focused on state and local government financing and municipal securities. This expert also served for a number of years as a public member on the board of a municipal securities self-regulatory organization created by Congress and operating under the U.S. Securities and Exchange Commission to promote a fair and efficient municipal securities market. This expert has received an industry contribution award from a national municipal analyst organization for contributions advancing the municipal bond industry.

  This expert's issuer and conduit-official experience has included bond transactions involving trustees and ultimate obligors, including revenue-bond default, trustee operational control, defeasance, and trustee fiduciary-duty issues.

  This expert is an experienced expert witness and litigation consultant.

  
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• Expert Witness #294450

  This damages expert has provided business and financial advice to attorneys and clients in all phases of the litigation process for over 25 years.

  This expert's experience includes disputes involving complex financial transactions, intellectual property, lost profits, lost business value, breach of contract, breach of fiduciary duty, warranty claims, franchise and distribution disputes, automobile dealer disputes, insurance claims, employment disputes, and intellectual property infringement issues.

  This expert has experience with ecommerce damages, including damages involving tortious interference with prospective and existing contractual and business relationships, lost profits from product sales through online retail channels, and evaluation of opinions associated with patent infringement claims.

  
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• Expert Witness #296458

  This financial due diligence/regulatory compliance expert is a former investment banker, transactional attorney, and hedge fund counsel/compliance officer whose work focuses on matters at the intersection of litigation, regulation, transactions, and capital markets.

  This expert manages multidisciplinary professional teams in matters involving internal fraud and compliance investigations, corporate governance, and fiduciary duty issues, and frequently supports independent compliance monitors under U.S. Department of Justice and U.S. Securities and Exchange Commission appointments. This expert also advises companies and provides expert testimony on financing, securities, and M&A transactional disputes.

  This expert has conducted numerous internal investigations arising from federal investigations, shareholder allegations, and other circumstances. Substantial experience also includes risk management, operations, compliance issues, and dispute resolution involving private equity and hedge funds.

  This expert provides expert testimony on fiduciary duty and corporate governance issues arising in transactional disputes, shareholder derivative suits, other civil litigation, and criminal prosecutions. This expert has supported numerous independent compliance monitors under appointment by the U.S. Department of Justice and U.S. Securities and Exchange Commission.

  This expert previously held senior roles at major advisory and consulting firms and served as a senior executive at an advisory services firm specializing in corporate monitoring, internal investigations, and litigation and regulatory consulting. This expert also served as counsel and Chief Compliance Officer for a registered hedge fund manager with substantial assets under management, was a charter member of an investor advisory group of a public company accounting oversight body, and has taught corporation law at a well-regarded law school.

  
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