Serene E. Warren v. ACOVA Inc., et al.

Analysis Group was retained by Winthrop & Weinstine on behalf of Howard J. Rubin, the trustee of a number of trusts related to the Evenstad family and its ownership of the pharmaceutical company Upsher-Smith Laboratories (USL). After USL was sold for $1.05 billion, the plaintiff claimed that Rubin, a codefendant, improperly approved distributions from a spousal lifetime access trust and took other actions that allegedly breached his fiduciary duties.

An Analysis Group team led by Managing Principal Andrew Wong, Vice Presidents Mark Berberian and Veronica Huan supported expert Daniel FitzPatrick, who filed an expert report and testified at trial. Mr. FitzPatrick opined on Rubin’s performance of his responsibilities as trustee, as well as on prevailing standards and practices in the fiduciary industry. He also rebutted the submissions of three of the plaintiff’s experts.

Citing Mr. FitzPatrick’s report and trial testimony, a judge in Hennepin County, Minnesota, found that Rubin did not violate his fiduciary duties.