Reflections on Fiduciary Duties From A Corporate Litigator -Turned Magistrate in Chancery

• Date: 01 March 2024
• Author: The Hon. Bonnie W. David

Reflections on Fiduciary Duties From A Corporate Litigator -Turned Magistrate in Chancery By The Hon. Bonnie W. David A s a corporate litigator at an international “biglaw” firm, I spent the first decade of my legal career advising clients—often in-house counsel and boards of directors of public corporations—on how to satisfy their fiduciary duties. Now, as a Magistrate in Chancery for the Delaware Court of Chancery, I preside over a varied docket comprising not only corporate disputes, but also traditional matters in equity, including those involving wills and trusts, real property, and guardianships of adults with disabilities. Overseeing the guardianship of an adult with a disability is a unique privilege that comes with special responsibilities. In Delaware, the statute governing adult guardianships vests my court with “the same powers, rights and duties respecting the person with a disability that parents have respecting their child.” 1 The court, while exercising those powers, must act in the best interest of the person with a disability. Upon 1 12 Del. C. 3901(f). 2 Kicherer v. Kicherer, 400...