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de facto Administrators

Winstead PC

Court Discusses De Facto Trustee Status In Texas

Winstead PC on

In Bird v. Carl C. Anderson, a trust beneficiary sued a defendant for usurping a trustee’s role and breaching fiduciary duties as a de facto trustee. No. 03-21-00140-CV, 2021 Tex. App. LEXIS 5036 (Tex. App.—Austin June 24,...more

Eversheds Sutherland (US) LLP

Another federal regulator jumps into the fiduciary fray – the OCC’s ANPR to expand the reach of fiduciary obligations to trust...

On April 29, 2019, the Office of the Comptroller of the Currency (OCC) issued an Advance Notice of Proposed Rulemaking (ANPR) to solicit comment on whether it should issue a formal proposal to expand the reach of its...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - August 2018

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This month's Friday Five covers cases relating to preemption, anti-assignment provisions, discretionary clause bans and the "de facto" administrator theory. We also examine a case upholding a denial of accidental death...more

Saul Ewing Arnstein & Lehr LLP

Maryland Appellate Court Says “No De Facto Series LLC”

In Kurz, et al. v. AMCP-1, LLC, et al., an unpublished opinion filed on February 10, 2016, the Maryland Court of Special Appeals refused to accept the plaintiff’s argument that the trial court, in disregard of Maryland law,...more

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