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A Recurring Business Divorce Feature: Usurpation of Corporate Opportunity

Farrel Fritz

A species of the breach of fiduciary duty claim, a claim for usurpation of corporate opportunity is derivative—asserted on behalf of the company—and disarmingly simple to allege (“You engaged in deal X personally, in violation of your fiduciary duties to bring that deal to the company”). 655620/2018 (NY County Sept.

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