One owed a fiduciary duty can choose his remedy against the fiduciary for breach of that duty.  If the one owed the duty sues at law, it may recover damages and must show that it was harmed.  If the one owed the duty sues in equity, however, it may recover disgorgement of the fiduciary’s secret profits without showing it was harmed.  In that event, the one owed the duty must prove the approximate amount of the secret profits–i.e. gross receipts–and then the burden falls on the fiduciary to prove its legitimate expenses or other amounts that should be deducted from gross receipts.  Here, Center acted for Congress in setting up conferences.  Their oral agreement did not specify the compensation that Center would receive for doing so.  The trial court found that Center owed Center a fiduciary duty and breached it by not revealing that it was marking up its costs so as to earn a profit on its work on the conferences.  The trial court erred, however, in denying Congress disgorgement of Center’s markup as a secret profit on the incorrect ground that Congress had not shown it was harmed.  On remand, the trial court must award some disgorgement for years of breach of fiduciary duty, and the burden will be on the fiduciary to prove its charges for its management services were reasonable, both in terms of hourly rate and number of hours spent.  Any doubts must be resolved in Congress’ favor.