Welcome to the website of John Rodgers & Associates.
We provide investment management and fiduciary litigation expert witness and
consulting services for both plaintiffs and defendants dealing with trust
issues,
trust
mismanagement and beneficiary
rights. Quite often issues arise
in the administration of personal trusts and estates where the beneficiaries
and the trustee disagree on a course of action. Mr.
Rodgers is uniquely qualified to assess fiduciary matters from both sides
of a case. If you are representing current income beneficiaries, remainder
beneficiaries, or individual or bank trustees, Mr. Rodgers can provide assistance
in:
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Violations of SEC, AIMR, ERISA and UPIA Regulations
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Investment Portfolio Modeling
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Fiduciary Responsibility
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Compensatory and Opportunity Lost Determination
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Suitability Issues
Qualifications & Expertise:
- 35+ years of management experience in trust and investment management services.
- Graduate: University of Virginia School of Law, and Cornell University.
- Have represented both sides - bank and individual trustees and income and remainder beneficiaries.
- Hold securities licenses from the National Association of Securities Dealers: Series 7 (General Securities), Series 24 (Registered Principal, Office of Supervisory Jurisdiction), and Series 63.
- Managed the Trust Division of a major regional bank for 6 years.
- Member: Illinois Bar and North Carolina Bar Association Estate Planning & Fiduciary Law Section, as well as the Charlotte Estate Planning Council.
- Available for consultation and/or travel on short notice.
- Discounts for multiple retainer relationships.
- Appeared in state courts and Federal court pursuant to Federal Rules of Civil Procedure Section 26(b) (4) and Federal Rules of Evidence Section 702.
Services provided:
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Pre-litigation case evaluation
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Litigation support for evaluation after litigation is commenced including working with counsel as to legal arguments, interrogatories, depositions, discovery, pre-trial preparation, and advice during trial
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Serving as expert witness during trial
Areas of expertise:
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Estate planning
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Probate Estates
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Transfer of Assets at Death Without Probate or Living Trust
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Trusts
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Living Trusts
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Irrevocable Trusts
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Testamentary Trusts
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Charitable Remainder Trusts
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Conservatorships
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Guardianships
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Taxation
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Estate Taxes
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Gift Taxes
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Estate & Trust Fiduciary Taxes
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Individual Retirement Account
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Banking Operations & Administration
In administering a trust a trustee is bound by internal policies and procedures adopted by management, federal and state regulatory compliance policies, concerns about fraud and various common law principles.
Recent Cases Include:
With the increasing frequency of bank mergers, many traditional regulatory compliance and fiduciary operational procedures have not been adhered to in the administration of personal and employee benefit trust accounts. Larger corporate fiduciaries often use their proprietary in-house mutual funds as investment vehicles for trusts they are administering. This often produces inferior investment performance, lack of disclosure, high turnover ratios generating excessive capital gains distributions, conflicts of interest and "double dipping" in trust and investment management fees.
The recent adoption by many states of the Prudent Investor Rule, contained in the Uniform Prudent Investor Act, gives the trustee additional flexibility in selecting trust investments under the Modern Portfolio Theory, versus the old Prudent Person Rule. This flexibility, however, imposes many new requirements on the trustee.
Mr. Rodgers has over 35 years experience as an attorney in estate planning, bank trust department management, as well as holding various securities licenses from the National Association of Securities Dealers, including that of Registered Investment Principal.
If you believe you and your clients can benefit from our services, we invite you to contact our office by telephone or Email the Firm. We offer free consultations. For more details on Mr. Rodgers background please visit Profile. We look forward to meeting your consulting and expert witness needs in the field of estate planning, investment management and fiduciary liability. Thank you for visiting our website.
