David F. Johnson recently published a new law review article: “Tricks, Traps, and Snares in Appealing a Summary Judgment in Texas, 72 BAYLOR L. REV. 564 (Fall 2020).” David originally published this article in 1998 with Chief Justice William J. Cornelius of the Sixth Court of Appeals of Texas. David’s original article has been cited
Webinar Series: Financial Services Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?
In this webinar, David F. Johnson will discuss the different types of exculpatory clauses in trust documents, why they exist, the historical treatment of exculpatory clauses in Texas, Texas’s current statutory provisions that impact their enforcement, and current precedent impacting the enforcement of such clauses.
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Fiduciary Compensation and Forfeiture in Texas
David F. Johnson recently published his article “Fiduciary Compensation and Forfeiture in Texas” in the Texas Tech Estate Planning and Community Property Law Journal. This article addresses many of the interesting issues that arise in trustee compensation disputes. The article addresses a trustee’s authority to compensation under the trust document, statutes, and common law, and
Webinar Series: Financial Services – Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?
Join us for a complimentary webinar that will discuss the different types of exculpatory clauses in trust documents, why they exist, the historical treatment of exculpatory clauses in Texas, Texas’s current statutory provisions that impact their enforcement, and current precedent impacting the enforcement of such clauses.
Date: Tuesday, February
Recorded Webinar – Fiduciary Litigation Update: 2019-2020
In this presentation, David F. Johnson will cover Texas cases dealing with fiduciary issues over the survey period. Some of the issues involve the removal of a trustee, the 
resignation of a trustee, the production of confidential trust information, the attorney/client communication privilege, right to jury trial in trust modification proceedings, the standing of contingent
Presentation: Trustees’ Ability To Retain And Compensate Attorneys In Texas
David F. Johnson presented his paper on “Trustees’ Ability to Retain and Compensate Attorneys in Texas” to the Texas Bar Association’s Fiduciary Litigation Course on December 10, 2020. This presentation discussed a trustee’s authority to retain counsel, suggestions regarding engagement letters, attorney/client communication issues, inadvertent attorney/client relationships, co-trustee administration of trusts and its impact on
Presentation: Administering Trusts in Recessions: Trust Loans to Beneficiaries
David F. Johnson presented his paper on “Administering A Trust In A Recession: Trust Loans To Beneficiaries” to the Houston Bar Association’s Probate and Estate Section on October 27, 2020 via a webinar format. This presentation addressed, among other things, a trustee’s authority to loan trust assets to beneficiaries, co-trustee issues, conflicts of interest, the
Recorded Webinar: Co-Trustees Managing Trusts In Texas
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.
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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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Receiverships in Trust and Estate Litigation in Texas
- Introduction
A plaintiff in a trust or estate dispute often needs to seek a remedy before trial to protect it from immediate injury, to protect the assets made the basis of the suit, or to discover the real condition of the parties’ relationship or business. There are different types of relief that a plaintiff can seek.
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