David F. Johnson presented “Breach of Fiduciary Duty Claims Against Trustees/Managers of Closely-Held Businesses” with Kenneth J. Fair of Wright Close & Barger, LLP, on July 22, 2021, for Strafford Webinars to a national audience. This presentation covered various issues involved in a trustee owning an interest in a closely-held business when disputes arise. The

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

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

In Herring v. Am. Paper & Janitorial Prods., the plaintiff was a subcontractor who provided janitorial services for a bank and was also a depositor of the bank. No. H-17-3474, 2018 U.S. Dist. LEXIS 215765 (S.D. Tex. December 24, 2018). After the plaintiff’s representatives were found stealing food after a party, the plaintiff’s contract

Webinar

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

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

n Stutz Rd. Ltd. P’ship v. Weekley Homes, L.P., plaintiffs sued a defendant for breach of fiduciary duty based on duties owed pursuant to an alleged joint venture. No. 05-12-01752-CV, 2015 Tex. App. LEXIS 11440 (Tex. App.—Dallas November 4, 2015, no pet. history). The trial court granted the defendant a no-evidence motion for summary judgment,