In a climate where aggressive plaintiff’s attorneys are targeting trusts and estates litigation as an emerging, fertile ground for claims, Shook brings proven success defending even the most complex of disputes. Shook handles alleged breaches of fiduciary duty, including claims of mismanagement of assets or investment portfolios, self-dealing and conflicts of interest, and improper distribution of assets or funds. Shook can navigate cases involving unique assets, such as real estate and artwork. Shook brings experience with actions seeking to remove trustees, challenging trustee fees, or for trust accountings.
When a dispute arises, Shook can work to resolve it before litigation is filed. However, if a lawsuit is filed, Shook can handle all aspects of the discovery process, no matter how sophisticated. Shook can help marshal, analyze and produce decades of records maintained in different formats and on various systems. Our attorneys have established relationships with some of the foremost experts in the United States and the world. We understand the trust industry─including how laws, regulations and practices have evolved over time─and can fend off attempts by plaintiff’s attorneys and their expert witnesses to apply unfair standards and place improper burden on trust professionals. Shook offers a bench of experienced, proven courtroom advocates ready to defend your interests and help tell your story if a trial becomes necessary.
Case Spotlight
In 2023, a team of Shook attorneys participated in a highly watched five-month trial, defending a bank that served as the executor and trustee of the works of famed artist Thomas Hart Benton. The plaintiffs in the trial were Benton’s heirs, who made claims of mismanagement. The judge disagreed with the heirs’ contention and declined to award them the millions of dollars they sought. After the favorable judgment, Law.com selected the Shook, Hardy & Bacon trial team as Litigators of the Week.
