Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Category Archives: Items of Interest

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Recorded Webinar – Recent Developments In Trustees’ Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas

Thank you to everyone who joined us on June 13 for the webinar “Recent Developments In Trustees’ Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas.”  The recorded webinar link is now available.  If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. David F. Johnson, lead writer for the… Continue Reading

Webinar – Recent Developments In Trustees’ Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas (June 13 at 10 am CST)

Join us for a complimentary webinar covering a trustee’s ability to enforce beneficial trust and contract clauses that alter its duties and liabilities, including exculpatory, release, and disclaimer-of-reliance clauses. This presentation will also cover suggested tips for drafting these types of clauses. Date: Tuesday, June 13, 2017 Time: 10:00 – 10:30 a.m. Central Time Cost:… Continue Reading

Court Holds That Shareholders In Closely Held Business Do Not Owe Each Other Fiduciary Duties

In In re Fritz, a bankruptcy court determined whether an exception to dischargeability was present. No. 15-347950BJH, 2017 Bankr. LEXIS 930 (N.D. Tex. Bankr. April 3, 2017). Although the state court judgment jointly awarded the plaintiffs $100,000 in damages and post-judgment interest, it did not specify which of the claims pled in the underlying state… Continue Reading

Trustees’ Use Of LLCs and Other Entity Forms To Hold Assets And Mitigate Risk (Texas Bankers Association)

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, and Winstead Shareholder Justin Hoover presented “Trustees’ Use Of LLCs and Other Entity Forms To Hold Assets And Mitigate Risk” to the Texas Bankers Association 2017 Intermediate Trust and Estate Administration Seminar in Las Colinas, Texas. The presentation is attached below. If you are… Continue Reading

Recorded Webinar – A Trustee’s Use Of LLCs and Other Entity Forms To Hold Assets And Mitigate Risk

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses a trustee’s decision to use entities to hold trust assets to mitigate risk.  David covers benefits and other considerations that a trustee should contemplate before creating such an entity and transferring assets into it. The presentation also highlights the different types of entities… Continue Reading

Contractual Clauses That Impact Disputes – 6th Annual Financial Services Seminar

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented Contractual Clauses That Impact Disputes at the 6th Annual Financial Services Seminar hosted by Winstead PC and the Tarrant County Bankers Association.   David’s paper and presentation are attached below. If you are interested in joining the next complimentary webinar or event, please contact… Continue Reading

Court Holds That Members of LLC May Owe Each Other Fiduciary Duties

In B Choice v. Epicentre Development Associates, the federal district court affirmed a magistrate’s recommendations concerning whether members of an LLC owe fiduciary duties to each other in Texas. No. H-14-2096, 2017 U.S. Dist. LEXIS 46284 (S. D. Tex. March 29, 2017). The court held that whether the members owed each other fiduciary duties was… Continue Reading

David F. Johnson Receives Readers’ Choice Award For Texas Fiduciary Litigator Blog

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, was selected from among more than 40,000 authors to receive the JD Supra Readers’ Choice Award.  The annual Reader’s Choice awards recognize authors who achieved the highest visibility and engagement for their written analysis and commentary in 2016. JD Supra’s Readers’ Choice Awards encompasses… Continue Reading

Duty to Diversify – Texas Bankers Association’s Real Estate, Oil and Gas Conference

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog,  presented “Asset Concentrations and the Duty to Diversify” to the Texas Bankers Association’s Real Estate, Oil and Gas Conference, in San Antonio on March 24, 2017.  This presentation discussed the history of a trustee’s duty to diversify, the current definition of  diversification, common-law and… Continue Reading

Webinar – A Trustee’s Use of LLCs and Other Entity Forms to Hold Assets and Mitigate Risk (March 21 at 10 am CST)

Join us for a complimentary webinar covering a trustee’s decision to use entities to hold trust assets to mitigate risk. The presentation will discuss the benefits and other considerations that a trustee should contemplate before creating such an entity and transferring assets into it. The presentation will also discuss the different types of entities that… Continue Reading

Tips for Managing the In-House and Outside Counsel Relationship (TCBA Presentation)

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented, “Tips for Managing the In-House and Outside Counsel Relationship” to the Tarrant County Bar Association’s Corporate Counsel Section.  David provided his thoughts and suggestions for having a better relationship between in-house and outside counsel that is founded on trust and built for the… Continue Reading

Recorded Webinar – A Trustee’s Duty to Diversify In Texas

Thank you to everyone who joined us on December 6 for the webinar “A Trustee’s Duty to Diversity in Texas.” The recorded webinar link is now available.  If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE FOR WEBINAR David F. Johnson, lead writer for the Texas Fiduciary Litigator… Continue Reading

Webinar – A Trustee’s Duty to Diversify In Texas (Dec. 6 at 10 am CST)

Join us for a presentation covering the duty to diversify in Texas, the statutory and common law that discuss the duty, limitations that can be placed on the duty, and methods to limit a trustee’s risk for not diversifying trust assets. Date: Tuesday, December 6, 2016 Time: 10:00 – 10:30 a.m. (CST) Cost: Complimentary Speaker:… Continue Reading

Federal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack of Jurisdiction

In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are courts of limited jurisdiction and may hear only those cases authorized by a federal statute, the Constitution, or U.S. treaty. Subject matter… Continue Reading

Trustees’ Duty to Disclose in Texas – TCBA’s Business & Estate Section

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his speech on a “Trustees’ Duty To Disclose In Texas” to the Tarrant County Bar Association’s Business and Estate Section’s membership lunch in Fort Worth, Texas, on October 20, 2016.  This presentation covered the legal issues involved in a trustee’s duty to disclose… Continue Reading

2016 Fiduciary Litigation Update, Tarrant County Probate Bar-Litigation Seminar

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Probate Bar’s Litigation Seminar and presented “Fiduciary Litigation Update 2015-2016.” David discussed recent Texas precedent impacting fiduciary litigation.  Some of the issues covered included informal confidential relationships, funding of trusts, tortious interference with inheritance claims, forfeiture actions, employee liability… Continue Reading

2016 Fiduciary Litigation Update

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Amarillo Area Bar Association in Amarillo, Texas, on September 23, 2016.  David presented his paper,“Fiduciary Litigation Update,” and discussed recent Texas precedent impacting fiduciary litigation.  Some of the issues that David discussed are informal confidential relationships, funding of trusts, tortious interference with… Continue Reading

Contractual Clauses That Impact Disputes – Presentation

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Texas Association of Bank Counsel’s 40th Annual Convention in Austin, Texas, on September 22, 2016. David presented his paper,“Contractual Clauses That Impact Disputes,” and discussed the purposes, standards for enforcement, and legal issues relating to the following contractual clauses: arbitration, forum-selection,… Continue Reading

Court Dismisses Fiduciary Claim Between Mortgagor and Mortgagee

In Fornesa v. HSBC Bank USA, N.A., plaintiff sought a damage award against a defendant mortgagor for compensatory and punitive damages, based on alleged predatory lending practices. 2016 Bankr. LEXIS 2011 (S.D. Tex. May 13, 2016). Plaintiff asserted that the defendant breached fiduciary duties in refinancing one or more notes executed by the plaintiff. Plaintiff… Continue Reading

Court Holds That An Officer Can Negotiate New Employment Without Breaching Fiduciary Duties

In Great American Food Chain, Inc. v. Andreottola, a corporate officer and director negotiated and accepted employment with a competitor while still employed with his prior employer. No. 3:14-CV-1727-BK, 2016 U.S. Dist. LEXIS 27658 (N.D. Tex. March 4, 2016).  After the officer terminated his employment, the prior employer sued based on multiple claims.  One claim… Continue Reading

Court Held That Plaintiff Stated A Claim Against Bank’s Employees For Individual Liability Based On Alleged Fiduciary Breaches

In Medve v. JPMorgan Chase Bank, N.A., a plaintiff sued a bank and three of its employees for breaches of fiduciary duties arising from fiduciary accounts. No. H-15-2277, 2016 U.S. Dist. LEXIS 11961 (S.D. Tex. February 2, 2016). The bank removed the case to federal court based on diversity jurisdiction: the plaintiff was a Texas… Continue Reading

Court Granted Summary Judgment For A Trustee On A Fiduciary Breach Claim Arising From Conflict-Of-Interest and Diversification Issues

In Adams v. Regions Bank, beneficiaries sued a trustee for multiple claims, including breach of fiduciary duty, arising from the trustee’s seizure of collateral owned by the trust. 2016 U.S. Dist. LEXIS 1027 (S.D. Miss. January 6, 2016). Adams, the primary beneficiary, borrowed $3 million from the bank before it was trustee and signed an… Continue Reading

Court Disqualified Attorney Where Attorney Would Testify As Witness

In Matthews v. Stolier, litigation arose regarding several transactions, including a power of attorney document. No. 13-6638, 2015 U.S. Dist. LEXIS 171752 (D.C. La. December 23, 2015). Some of the parties retained an attorney that assisted in drafting some of those documents. The opposing party filed a motion to disqualify that attorney due to her… Continue Reading
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