Report

Breach of Fiduciary Duty In the Employment Context in Georgia

 
The Georgia Supreme Court has held that fiduciary duties are owed where a confidential relationship exists between the parties. Atlanta Market Center Management Co. v. McLane, 269 Ga. 604, 606, 503 S.E.2d 278, 281 (1998). O.C.G.A. § 23-2-58 delineates that a “confidential relationship” arises under Georgia law:

. . . whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling authority over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as the relationship between partners, principal and agent, etc.

Agenda

Faculty

Thomas J. Gallo

Thomas J. Gallo

Barnes & Thornburg LLP

  • Partner, Barnes & Thornburg LLP
  • Concentrates on business litigation, including covenants not to compete and trade secrets litigation
  • Selected annually since 2004 as a Georgia Super Lawyer by Atlanta magazine
  • Selected by The Best Lawyers in America (2014) for labor and employment
  • J.D. degree, cum laude and articles editor of law review, Samford University; A.B. degree, Emory University
  • Can be contacted at 404-264-4032 or [email protected]

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