Fiduciary Liability in Troubling Times - Panel Discussion
Date: Thursday, April 22, 2010
Time: 6:15 PM - 8:30 PM
Speaker: David Kamons, Barry Givner, Brian Felcoski
The panel discussion, will involve three case studies, which will address current issues facing fiduciaries in the investment of assets as well as current trends in fiduciary litigation and steps trustees can take to minimize their exposure. Application of the Uniform Principal and Income Act as well as the Prudent Investor Act will be cited in the discussion. Panel members will deliver their perspectives from their respective disciplines, Sr. Trust Officer, Portfolio Manager, CFA and Attorney concentrating in the area of trust and estate litigation.
Specific areas to be discussed:
- Delegation
- Acting as a Directed Trustee
- Administering Concentrated Positions
- Impact of Prudent Investor Act
- Dealing with Co-Trustees
- Is it Better to be an Investment Advisor?
- Importance of Investment Performance
- Failure to Diversify Investments
- Liability Issues in Light of the Current Economic Client Situation
- How is a Personal Representative Impacted?
Brian J. Felcoski is a shareholder of the firm. He practices in the area of trust and estate litigation. He is admitted to practice before the U.S. District Courts for the Southern and Middle Districts of Florida and all Florida state courts.
A native of Miami, Florida, Brian earned his undergraduate degree (B.A., high honors, 1985) from Florida International University and his law degree (J.D., Magna Cum Laude, 1988) from the University of Miami where he was a member of the Order of the Coif and the University of Miami Law Review.
Brian is a Fellow in the American College of Trust and Estate Counsel. He is the Chair-Elect for the Real Property, Probate and Trust Law Section of The Florida Bar. He has served as Probate Division Director for the Section, and as chair of the Section's Legislation and Trust Law Committees. He co-chaired the Section's Ad Hoc Trust Code Revision Committee which was responsible for the creation of a comprehensive Florida Trust Code. He has chaired the Probate Rules Committee of The Florida Bar. He is also a past President of the Estate Planning Council of Greater Miami. Brian lectures for The Florida Bar on probate and trust topics. Brian is listed in Florida Superlawyers, in Best Lawyers in America and in Florida Trend’s Florida Legal Elite.
Barry Givner is Executive Vice President and Senior Trust Officer for Coconut Grove Bank’s Trust and Wealth Management Group with over 25 years in the Trust and Investment Management fields. Over the years Barry has held leadership positions at various organizations such as Bank of America (Barnett Bank’s Trust Company/ NationsBank), Merrill Lynch Trust Company and prior to joining Coconut Grove Bank, Barry was the Fiduciary Services Manager for SunTrust Bank’s Miami area where he oversaw Trust Administration, Trust Compliance and Business Development for Trust Administrative Officers. He holds a BBA in Accounting from the University of Miami and also attended Cannon Trust School. Barry is a Director of the Estate Planning Council of Greater Miami. Barry was also appointed by his peers to the Florida Bankers Associations Trust Executive Committee in the Trust, Asset Management and Private Banking Division for the 2009-2010 fiscal year.
David Kamons is a Senior Vice President and Portfolio Manager with Northern Trust, NA. He manages investments for private clients and for foundations and endowments totaling nearly $400 million. He has over 35 years of investment experience in portfolio management, investment research, and private equity. Kamons has been with Northern Trust for over 19 years. Previously he was a co-founder of a small investment counseling firm in South Florida. He started his career in New York as a bond portfolio manager and as an investment analyst for the Investment Management Group of Citibank, NA, and was subsequently VP of Research for a private equity fund affiliated with the Bank of Boston.
He holds bachelors and masters degrees in electrical engineering from Carnegie Mellon University and the Johns Hopkins University, and an MBA from Harvard University Graduate School of Business Administration. He has earned the CFA designation and is past-president of CFA Miami, the local unit of CFA Institute, the global society for investment professionals.
He holds bachelors and masters degrees in electrical engineering from Carnegie Mellon University and the Johns Hopkins University, and an MBA from Harvard University Graduate School of Business Administration. He has earned the CFA designation and is past-president of CFA Miami, the local unit of CFA Institute, the global society for investment professionals.
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