In this webinar, David F. Johnson covered the many issues that arise from co-trustees managing trusts, including duty to participate in management, delegation, conflicts, compensation, retaining counsel, and other issues.
Presentation: Pre-Trial Receiverships
David F. Johnson presented his paper entitled “Pre-Trial Receiverships,” to the State Bar of Texas’s Advanced Business Disputes Course on September 11, 
2020.
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Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record
David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020.
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Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved
In Katz v. Intel Pharma, LLC, a minority member of a limited liability company sued a former manager for breach of fiduciary duty in a derivative action. No. H-18-1347, 2020 U.S. Dist. LEXIS 120389 (S.D. Tex. July 9, 2020). The defendant filed a motion for summary judgment, alleging that he did not owe any fiduciary duties, and even if he did, the minority member could not raise them after the company was no longer in existence. The federal district court denied the motion.
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Presentation: Remedies for Breach of Fiduciary Duty Claims
David F. Johnson presented his paper on “Remedies for Breach of Fiduciary Duty Claims” to the Tarrant County Probate Bar Association’s Litigation Seminar on August 7, 2020.
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Old College Friends Do Not Generally Owe Fiduciary Duties To Each Other
In Gill v. Grewal, the suit arose out of a failed business venture between old college friends. No. 4:14-CV-2502, 2020 U.S. Dist. LEXIS 104461 (S. D. Tex. June 15, 2020). Gill and Grewal attended college together in the late 1960s. After falling out of touch with each other for over thirty years, the two reconnected at a wedding. The day after the wedding, Grewal pitched Gill an entrepreneurial venture related to the healthcare industry. The parties then formed Healthema. After a dispute arose, Grewal sued his former friend for breaching fiduciary duties arising from the formation and operation of the business. Gill filed a motion for summary judgment, alleging that he did not owe any fiduciary duties to Grewal. The district court granted the summary judgment motion on this issue.
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Author David Johnson Named to TBLS Board of Directors
Author David F. Johnson has been named to the board of directors for the Texas Board of Legal Specialization (TBLS). David will serve a three-year term beginning in July of 2020. The TBLS board is composed of twelve members appointed by the President of the State Bar of Texas, with the approval of its Board
Administering A Trust In A Recession: Securing Loans For Beneficiaries
Beneficiaries often request that a trustee secure a loan from a third party. In an economic downturn, such requests are even more prevalent. As a general rule, a trustee should not want to do so as it should assume that the beneficiary will default and the trustee will then be placed in a situation of
David Fowler Johnson Again Receives JD Supra’s Readers’ Choice Award for Texas Fiduciary Litigator Blog
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, was selected to receive the JD Supra Readers’ Choice Award in Wealth Management. The annual award recognizes top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2019.
JD Supra’s
Presentation: Joint Account Litigation in Texas
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Joint Account Litigation in Texas” to the Texas Bankers Association via a webinar on April 29, 2020. This presentation addresses the creation, ownership, and disputes that arise from joint accounts. It also addresses who owns money in an