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
Webinars
Recorded Webinar: Releases in Trust Disputes
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…
Upcoming Webinar: Releases in Trust Disputes
Join Winstead for an informative webinar covering trustees and beneficiaries entering release agreements. David F. Johnson will discuss:
Upcoming Webinar: Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas
This presentation will address the main legal issues that arise when trusts terminate or there is a successor trustee, such as trustee resignation, trustee removal, who can be a successor trustee, co-trustee resignation issues, successor trustee duty to police, prior trustee duty to report, trust termination, impact of termination, a…
Financial Services Fiduciary Litigation Update 2022-2023
Watch Shareholder David F. Johnson address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust disputes, payment of attorney’s fees by trustees, oral trusts, enforceability of release agreements…
Recorded Webinar: Issues Regarding The Attorney-Client Privilege For Trustees In Texas
David F. Johnson, lead writer for The Texas 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 beneficiaries to access communications, and whether Texas acknowledges this exception. Additionally…
Financial Services Webinar – Use of Limitation-of-Liability Clauses in Fiduciary Relationships
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…
Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings
In this presentation David F. Johnson covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s estate/trust documents, characterization of trust assets and distributions as separate or…
Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings
This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s estate/trust documents, characterization of trust assets and distributions as separate or community, settlor standing to…
Financial Services Webinar – Fiduciary Litigation Update: 2020-2021
David will cover recent statutory changes and case law updates. He will discuss extending the rule against perpetuities, de jure versus de facto status as trustee, modifications to trusts, trust construction, temporary injunctions against trustees, trustee authority to sell real estate, trust management of closely held businesses, co-trustee management, exculpatory…