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
Search Results for:
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
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
Interesting Issues In Legal Ethics – Presentation
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Bar Association’s Ethics Seminar on September 30, 2016, and presented “Interesting Issues In Legal Ethics.” The presentation covered the following topics: mediator participation in a suit after a failed mediation, an attorney acting as a witness, conflicts of interest,… 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
Recorded Webinar: Trustee’s Duty and Right to Bring Claims On Behalf Of A Trust
Thank you to everyone who joined us for the “Trustee’s Duty and Right to Bring Claims On Behalf Of A Trust” webinar on September 13. 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,… Continue Reading
Summary Judgment Appellate Issues (SBOT- Civil Appellate Practice 101)
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on summary judgment appellate issues to the State Bar of Texas’s Civil Appellate Practice Course in Austin, Texas, on September 7, 2016. David’s presentation covered the following issues: finality of summary judgments, standard of review for traditional and no-evidence motions for summary… Continue Reading
Webinar – Trustee’s Duty and Right to Bring Claims on Behalf of a Trust (Sept. 13 at 10:00 am CST)
Join us for a presentation covering the statutory and common-law requirements for a trustee to bring claims on behalf of a trust, the trustee’s right to control those claims, and potential ramifications regarding those rights and duties. Date: Tuesday, September 13, 2016 Time: 10:00 – 10:30 a.m. Central Time Cost: Complimentary Speaker: David F. Johnson… Continue Reading
Recorded Webinar: Trustees’ Conflicts of Interest In Texas
Thank you to everyone who joined us for the “Trustees’ Conflicts of Interest In Texas” webinar on June 14. 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 TO PLAY WEBINAR David F. Johnson, lead writer for the Texas… Continue Reading
Webinar: Trustees’ Conflicts of Interest In Texas (June 14 at 10:00 am CST)
Join us for a presentation covering the basic issues involved in the duty of loyalty; identifying and addressing conflicts of interest; and the ramifications for not properly handling conflicts of interest. Date: Tuesday, June 14, 2016 Time: 10:00 – 10:30 a.m. Central Time Cost: Complimentary Speaker: David F. Johnson Continuing Education Credit Information: This course has… Continue Reading
Use of Company Policies To Establish The Violation of A Fiduciary Duty
A. Introduction Plaintiffs often seek discovery on a financial institution’s policies and procedures with an eye towards using that evidence against the institution. If a financial institution’s representative or representatives did not live up to the policies and procedures, a plaintiff may argue that the institution did not live up to its fiduciary duty or… Continue Reading
A Trustee’s Duty to Disclose in Texas – Presentation Slides
Thank you to everyone who joined us for the presentation, “A Trustee’s Duty to Disclose in Texas” – Texas Bankers Association’s Trust and Estate Administration Seminar (San Antonio). David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, covered a trustee’s duty to disclose under a trust document, the statutes, common law, and litigation… Continue Reading
2016 Financial Services Seminar – Presentation Slides
Thank you to everyone who joined us for the 2016 Financial Services Seminar on April 27. Below is a link to the presentation slides. If you are interested in joining our next complimentary seminar or webinar, please send your request to dfjohnson@winstead.com. Click Here: Bank Duties Presentation_FSIG April 2016 … Continue Reading
Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy
It is not uncommon for a successful plaintiff in a breach of fiduciary duty case to have their collection efforts thwarted by a defendant filing for bankruptcy. The issue is whether the state court judgment is dischargeable in bankruptcy. “[T]he issue of nondischargeability [is] a matter of federal law governed by the terms of the… Continue Reading
Recorded Webinar: Duty to Disclose to Remote Beneficiaries
Thank you to everyone who joined us for the “Duty to Disclose to Remote Beneficiaries” webinar on February 17. 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 TO PLAY WEBINAR David F. Johnson, lead writer for the Texas… Continue Reading
Fiduciary Duties Applicable to Registered Investment Advisors and Broker/Dealers, DFW Compliance Roundtable
David F. Johnson and Andrew Rosell presented “Fiduciary Duties Applicable to Registered Investment Advisors and Broker/Dealers” to the DFW Compliance Roundtable on February 10, 2016. The DFW Compliance Roundtable is a group of compliance officers, in-house counsel and private practice professionals that work with and for registered investment advisers, broker/dealers and others in the industry. … Continue Reading
Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes
There are several criminal statutes that implicate fiduciary activities in Texas that are not well-known: misappropriation of fiduciary property and financial exploitation of the elderly. Though these may be similar in some ways to a theft charge, they are different criminal charges. Rhinehardt v. State, No. 08-01-00335-CR, 2003 Tex. App. LEXIS 6223 (Tex. App.—El Paso… Continue Reading
Recorded Webinar: Hot Topics in Trust Administration
Thank you to everyone who joined us for the “Hot Topics in Trust Administration” webinar on December 8, 2015. As mentioned, the recorded webinar is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE TO PLAY THE WEBINAR Hot Topics in Trust Administration: … Continue Reading
.