A director of a charitable foundation sued our client, also a director and the CEO of the foundation, alleging that he breached his fiduciary duty to the foundation by making unwise investments. The plaintiff sought to surcharge our client personally for millions of dollars of losses sustained by the foundation’s investments. Our defense was that there was no negligence, rather the investments were proper and losses sustained as a result of market declines. After a lengthy trial, the judge found no wrongdoing on the part of our client and dismissed the lawsuit.
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