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Breach of Fiduciary Duty Overview
Alabama state flagAlabama

Breach of Fiduciary DutyUnder Alabama Law

Alabama sets its own contract deadlines and forums for breach of fiduciary duty. Here is what controls your company's dispute, and how we litigate it.

Six years on Written Contracts, from the breach

Ala. Code § 6-2-34

Flexible Fee Structures

Contingency · Hourly · Hybrid

Licensed in Alabama

Business litigation counsel

Overview

Breach of Fiduciary Duty in Alabama

Partners, officers, directors, and managers owe the company duties of loyalty and care. Where a fiduciary self-deals, diverts an opportunity, or prefers their own interest, the company has a claim for the resulting loss.

Both of our attorneys are licensed in Alabama. The firm litigates breach of fiduciary duty for companies across the state, in Birmingham, Hoover, Huntsville, Montgomery, Tuscaloosa, and Mobile, and everywhere in between. The rules below are the ones that shape a Alabama dispute from the first demand letter.

Deadlines

The Alabama Contract Deadline

Actions on written contracts in Alabama generally must be brought within six years of the breach under Ala. Code § 6-2-34. Shorter periods apply to some claims that travel with contract disputes. Fraud claims, for example, carry a two-year period with a discovery rule, so the practical deadline in a business dispute is often much shorter than six years.

Forums

Where Alabama Disputes Are Litigated

We litigate Alabama business disputes in the circuit courts, including Jefferson and Shelby County Circuit Courts, and before Alabama arbitrators and mediators when the contract requires it. Before any of that, the contract itself has to be read closely. Forum-selection, choice-of-law, arbitration, and fee-shifting clauses frequently determine more about the course of a dispute than the merits do, and they are cheaper to address at the outset than to litigate later.

Common Questions

How long does my company have to sue over a Alabama contract?

Actions on written contracts in Alabama generally must be brought within six years of the breach under Ala. Code § 6-2-34. Shorter periods apply to some claims that travel with contract disputes. Fraud claims, for example, carry a two-year period with a discovery rule, so the practical deadline in a business dispute is often much shorter than six years.

Where would my Alabama dispute be litigated?

We litigate Alabama business disputes in the circuit courts, including Jefferson and Shelby County Circuit Courts, and before Alabama arbitrators and mediators when the contract requires it. Forum-selection and arbitration clauses in the contract can move the matter to a different venue entirely, which is one of the first things we review in any Alabama case.

Can a Hoover, Alabama firm handle my Alabama business dispute?

Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina and represent Alabama businesses in person, by telephone, and by video conference. What changes across the state line is the law that applies, and we practice under Alabama's.

How are your fees structured for business disputes?

We work on hourly, flat-fee, hybrid, and, in qualifying matters, contingency arrangements, matched to the size of the dispute and the company's cash position. The structure is agreed in writing before the work begins. The initial consultation is confidential and without charge.

Free Alabama Guides on This Topic

Plain-English answers under Alabama law, free to read before you ever call.

Doing Business in Another State?

The same firm, under the rules of the state where your dispute sits.

Talk to a Alabama-Licensed Business Litigator

Free, confidential consultation on your Alabama breach of fiduciary duty matter.