Getting Out of Federal CourtGetting Out of Federal Court

There’s been a veritable explosion of fiduciary litigation in recent years, attributable to a host of factors, including the escalating amount of wealth at stake; the reduction in transfer taxes leaving larger inheritances to fight over; the lengthening of life spans causing beneficiaries to wait longer than ever to inherit; the changing nature of families with the legalization of gay marriage, adult adoption and other alternative family structures; and the ever more litigious society we live in. Because of these factors, it’s increasingly likely that fiduciaries (and particularly corporate fiduciaries, which often are perceived as deep pockets) will become embroiled in litigation or other contested legal proceedings.  

Historically, fidu...