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Civil & Commercial Litigation

Partnership Disputes and the Fiduciary Duty

T. Maxwell Smith· September 22, 2026· 1 min read

Partners owe each other more than ordinary fair dealing. When that duty is broken, the law responds.

Partners and certain co-owners owe one another fiduciary duties — loyalty, candor, and fair dealing. Self-dealing breaches those duties.

Where a partner has lined his own pockets at the venture's expense, the remedies can be significant, including disgorgement.

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