With the great transfer of wealth from the baby boomer generation, elder abuse and financial exploitation is a very timely and important topic. Undue influence often arises out of seemingly kind individuals who ingratiate themselves to an elderly person, inserting themselves between the person and relatives, and obtaining the person’s bounty due to deceit. This… Continue Reading
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Presentation: Saving Your Damages Award Via Temporary Injunctive Relief
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Saving Your Damages Award Via Temporary Injunctive Relief” to the State Bar of Texas’s Damages in Civil Litigation Course in Dallas, Texas, on February 8, 2019. In addition to a general discussion of issues concerning obtaining temporary injunctive relief, the presentation included… Continue Reading
Recorded Webinar – Fiduciary Litigation Update: 2017-2018
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses interesting fiduciary issues that Texas courts have discussed during the survey period of mid-2017 through mid-2018. Some of the issues covered are the tort of intentional interference with inheritance rights, the enforcement of arbitration and forum-selection clauses in trusts and wills, the enforcement of exculpatory… Continue Reading
Presentation: Tips for Managing the In-House and Outside Counsel Relationship
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Tips for Managing the In-House and Outside Counsel Relationship” to the Southwest Association of Bank Counsel’s webinar series on December 13, 2018. David discussed how to select counsel; items to include in engagement letters; communication suggestions at the outset of a matter, during a matter,… Continue Reading
Recorded Webinar—Trustees’ Ability to Retain and Pay Attorneys in Texas
Thank you to everyone who joined us on September 18 for the webinar “Trustees’ Ability to Retain and Pay Attorneys in Texas.” The recorded webinar link is available now. If you are interested in joining our next complimentary webinar or presentation, please send your request to dfjohnson@winstead.com . David F. Johnson, lead writer for the Texas… Continue Reading
Presentation-Temporary Injunctive Relief in Texas
David F. Johnson presented his paper “Temporary Injunctive Relief in Texas” to the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas, on September 6, 2018. David has handled many appeals from temporary injunctions. He provided technical guidance on the complicated issues arising from these types of interlocutory appeals and also provided practical… Continue Reading
Webinar—Trustees’ Ability to Retain and Pay Attorneys in Texas (Sept. 18 at 10:00 am CST)
David F. Johnson’s presentation will focus on: 1) tips and suggestions for retaining and communicating with counsel and 2) a trustee’s ability and right to pay attorneys both during and after litigation. Date: Tuesday, September 18, 2018 Time: 10:00 – 10:45 a.m. CST Cost: Complimentary Speaker: David F. Johnson Continuing Education Credit Information: This course… Continue Reading
Recorded Webinar – Joint Account Litigation in Texas With an Emphasis on Fiduciary Relationships
Thank you to everyone who joined us on May 22 for the webinar “Joint Account Litigation in Texas With an Emphasis on Fiduciary Relationships.” 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 Texas… Continue Reading
Presentation: Fiduciary Litigation Update, Texas Bankers Association’s Legal Conference
David F. Johnson presented his paper on “Litigation Update, Including Fiduciary Issues” to the Texas Bankers Association’s Legal Conference in Austin, Texas, on April 5, 2018. This presentation covered recent Texas precedent on arbitration clauses, forum-selection clauses, lost documents, aiding and abetting breach of fiduciary duty, damages for a trustee’s breach of fiduciary duty, and… Continue Reading
Recorded Webinar – Remedies For A Breach of Fiduciary Duty Claim in Texas
Thank you to everyone who joined us on February 27 for the webinar “Remedies for a Breach of Fiduciary Duty Claim 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 Texas Fiduciary… Continue Reading
Webinar – Remedies For a Breach of Fiduciary Duty Claim in Texas (Feb. 27 at 10:00 am CST)
David F. Johnson will discuss the potential remedies that plaintiffs can obtain for breach of fiduciary duty claims with an emphasis on trust disputes, and will cover: 1) pretrial remedies of temporary injunctive relief, receiverships, and audits; 2) legal remedies of damages, attorney’s fees, pre-judgment interest; 3) equitable remedies of fee forfeiture, profit and… Continue Reading
Recorded Webinar – Fiduciary Litigation Update 2016-2017
Thank you to everyone who joined us on December 12 for the webinar “Fiduciary Litigation Update.” 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 Texas Fiduciary Litigator blog, discusses Texas cases that impact… Continue Reading
Presentation: Dealing With Policies and Protocols of Banking Institutions In Texas (State Bar of Texas, Fiduciary Litigation Course)
On December 1, 2017, David F. Johnson presented his paper “Dealing with Policies and Protocols of Banking Institutions in Texas” to the State Bar of Texas’s 19th Annual Fiduciary Litigation Course in San Antonio, Texas. This presentation covered unique statutes that impact bank litigation, new statutes on vulnerable persons and durable powers of attorney, arbitration… Continue Reading
Webinar – Fiduciary Litigation Update 2016-2017 (Dec. 12 at 10:00 am CST)
David F. Johnson will present a forty-five minute webinar on Texas cases that impact fiduciaries. Some of the topics will include: mental anguish and punitive damages for breach of fiduciary duty, lost trust documents, venue for trust disputes, claims against trust property, release of trustees, public policy for voiding wills/trusts, tortious interference with inheritance, conspiracy/aiding… Continue Reading
Legislative Update Impacting Fiduciaries (Texas Bankers Association)
On October 26, 2017, David F. Johnson presented “Legislative Update Impacting Fiduciaries,” to the Texas Bankers Association’s Advanced Trust & Portfolio Management Forum in San Antonio, Texas. This presentation discussed new statutory changes to the Texas Durable Power of Attorney Act that create duties to accept power of attorney transactions and that broaden agents’ authority… Continue Reading
Presentation: Temporary Injunctive Relief in Texas (Tarrant County Bar Association)
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his detailed paper entitled “Temporary Injunctive Relief in Texas” to the Tarrant County Bar Association’s Business Litigation Section on October 17, 2017. This presentation included a discussion of the purpose of temporary injunctive relief; equitable elements for same; preliminary issues such as jurisdiction,… Continue Reading
Recorded Webinar – Legislative Update: New Vulnerable Persons and POA Statutes
Thank you to everyone who joined us on September 26 for the webinar “Legislative Update: New Vulnerable Persons and POA Statutes.” 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 Texas Fiduciary Litigator blog,… Continue Reading
David F. Johnson Elected to Texas Association of Bank Counsel Board of Directors
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, has been elected to the board of directors for the Texas Association of Bank Counsel (TABC) for a three-year term. David has been a frequent speaker and contributor for the organization for the past five years. The TABC is a Texas nonprofit corporation and… Continue Reading
Webinar: Legislative Update – New Vulnerable Persons and POA Statutes (Sept. 26 at 10:00 am CST)
Join us for a complimentary webinar presentation covering recent changes to the Texas Estates Code’s Texas Durable Power of Attorney Act and recent legislation protecting vulnerable persons and how those impact financial institutions, broker/dealers, and investment advisors. Date: Tuesday, September 26, 2017 Time: 10:00 – 10:30 a.m. Central Time Cost: Complimentary Speaker: David F. Johnson Continuing Education… Continue Reading
Summary Judgments In Texas – Presentation in Dallas Aug. 16-18 and Houston Oct. 25-27
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper and presentation on “Summary Judgments In Texas” to the State Bar of Texas’s Advanced Civil Trial Course on July 19-21, 2017 in San Antonio, Texas. See links below for a copy of the paper and presentation. David will also present this… Continue Reading
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
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
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