Partner and National Chair of Katten's Private Wealth Department Joshua Rubenstein was quoted in an article by The New York Times about Rupert Murdoch's attempt to change his family trust in order to ensure his son Lachlan's leadership of his media empire and maintain its conservative editorial direction after his death. This effort currently hinges on a complex legal battle in Nevada's probate court system, during which Mr. Murdoch must first persuade a district court judge in Reno to overturn a commissioner's ruling that he acted in "bad faith" by secretly altering the trust, which had originally divided control equally among his four oldest children. If he is unsuccessful, Mr. Murdoch plans to appeal to the Nevada State Supreme Court. However, he faces a high legal bar and will need to prove the commissioner's finding was "clearly erroneous," as The New York Times reports.
Joshua emphasized the difficulty of overturning such a ruling, noting that the trier of fact's determination is hard to challenge. "The determination by the trier of what the facts were is just very hard to overturn," he said. "They're the ones who sat through days and days of testimony." Joshua then suggested that if the courts do not overturn the ruling, it would be prudent for Mr. Murdoch and Lachlan to negotiate a buyout or compromise with the other siblings outside of court. "They should get in a room and talk to each other," he said.
"Rupert Murdoch's Appeal to Alter Family Trust Faces Uphill Battle," *The New York Times, December 19, 2024
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