Karen L. Tidwall

Trust, Estate and Fiduciary Matters

• Advised institutional trustees in disputes involving the construction of estate planning documents.
• Represented individual trustees in contested proceedings involving claims of fiduciary duty, fraud and conflicts of interest brought by trust beneficiaries.
• Defended proponents of a will in a contest prosecuted by a previously named beneficiary of a testamentary charitable remainder trust involving complex issues of testamentary capacity, undue influence and standing.
• Represented the beneficiary of an estate in litigation with sibling to recover property for the estate and to have interests in a family limited partnership redeemed.
• Advised trust beneficiaries in probate proceedings involving claims of breach of fiduciary duty and breach of contract.
• Counseled individual and institutional creditors in probate proceedings.
• Represented a surviving spouse in classification proceedings brought by estate of deceased spouse, involving forensic accounting to trace rights in stock and interests in retirement plan assets.
• Represented individuals in intra-family disputes concerning elder abuse allegations.
• Defended a closely held company against claims arising under the Uniform Fiduciaries Act.
• Represented the remainder beneficiary of a marital trust in claims against the individual trustee.

Business and Commercial Matters

• Defended distributor of power generation systems against multimillion-dollar breach of warranty and indemnification claims.
• Advised developer and operator of national fast-casual restaurants in multiparty real estate dispute involving the applicability and enforcement of restrictive use agreements.
• Represented a manufacturer and distributor of agricultural products against product defect and warranty claims in putative class action.
• Counseled an agricultural machinery manufacturer in subrogation action and prosecuted breach of contract and warranty counterclaims against component manufacturer.
• Represented an industrial air pollution control systems company in a variety of commercial and business matters, including noncompetition and nondisclosure agreements, and subcontractor risk assessment relating to multiparty construction projects.
• Advised a designer and installer of warehouse distribution systems in a variety of commercial and business matters.
• Represented closely held long-term healthcare company in litigation arising from foodborne illness outbreak at a long-term care facility.
• Advised financial institution in commercial foreclosure litigation.
• Counseled industrial radiator manufacturer on third-party contracting and post-asset purchase issues.