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
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Presentation: The More The Merrier? Issues Arising From Co-Trustees Administering Trusts
David Johnson presented his paper “The More The Merrier? Issues Arising From Co-Trustees Administering Trusts” to the State Bar of Texas’s Advanced Estate Planning and Probate Course on June 9, 2021. This presentation addressed the advantages and drawbacks for co-trustee management, who can be a co-trustee and succession issues, fiduciary…
FSIG Webinar – Distributions from Trusts in Texas: Part One of a Two Part Series
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses in this two part series many of the interesting and complex issues that arise from trustees making trust distributions to beneficiaries.
Tricks, Traps, and Snares in Appealing a Summary Judgment in Texas
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…
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.
Continuing Education Credit Information:
This…
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,…
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…
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…
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…
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…
