WEBINAR (October 22): David F. Johnson, lead writer for The Fiduciary Litigator blog, will present the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation will cover Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and
David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course in Frisco, Texas, on July 11, 2024. This presentation covered what a fiduciary relationship means, the general duties owed by a fiduciary, typical fiduciary relationships, capacity issues, net-widening theories to
David Johnson, lead writer for The Fiduciary Litigator blog, presents on release agreements between trustees and beneficiaries. This recorded webinar covers fiduciary duties, expert opinions on releases, relevant Texas law, enforceability requirements, self-dealing concerns, and drafting tips. The presentation also explores judicial releases, including their scope, necessary parties, and binding
Join Winstead for an informative webinar covering trustees and beneficiaries entering release agreements. David F. Johnson will discuss:
David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas. This presentation addressed the authority for a trustee to retain counsel, the duty to
David Fowler Johnson, Managing Shareholder of Winstead’s Fort Worth office and the lead writer for The Fiduciary Litigator blog, was awarded the JDSupra Readers’ Choice Award for Top Author in Wealth Management. In addition, Winstead was also named in the same category.
2024 marks the sixth consecutive year
WEBINAR (September 26): “Issues Regarding the Attorney-Client Privilege for Trustees in Texas. ” David F. Johnson, lead writer for The Fiduciary Litigator blog, will examine the attorney-client privilege between a trustee and its attorney in detail. We will explore the extent of the privilege, the fiduciary exception that permits
This webinar will provide guidance regarding the appropriate limitation of liability (LOL) clauses in contracts dealing with fiduciary relationships. The LOL clause can operate to limit a party’s direct, indirect, consequential, special, and incidental damages or may cap damages at either an amount agreed upon by the parties, the contract
David F. Johnson ‘s recent article “The More the Merrier? Issues Arising from Co-Trustees Administering Trusts” was published in the Texas Tech Estate Planning and Community Property Law Journal. The article addresses the benefits and detriments of appointing co-trustees, who can be a co-trustee and succession issues, fiduciary duties of
David F. Johnson co-presented with Zachary S. Davis from Stoel Rives LLP, in Portland, Oregon, on “Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls” on January 31, 2023, for national CLE provider Strafford. This CLE webinar was intended to guide business counsel and owners to