In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses fiduciary issues that Texas courts resolved during the review period of summer of 2024 to summer of 2025. The presentation reviews the following issues: whether a party has a right to jury trial in
When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares guidance in an article published by AARP. He advises victims to report fraud to local police first. Deciding to hire a lawyer depends on the amount lost, as legal
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when managing oil and gas assets. This session offers key insights into the Uniform Prudent Investor Act, Uniform Principal and Income Act, trust accounting for mineral interests, risk management for concentrated
David F. Johnson, lead writer for the Fiduciary Litigator blog, and Rebecca Bergeron will address the many issues that a trustee has to address when managing oil and gas assets, such as the Uniform Prudent Investor Act, Uniform Principal and Income Act, trust accounting for mineral interests, concentrations and
Winstead PC is pleased to announce that David Fowler Johnson has been recognized by Best Lawyers in America as a 2026 “Lawyer of the Year.” This honor is a testament to David’s outstanding contributions to the legal profession and his work as a leading authority in fiduciary litigation.
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David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses the challenges of navigating the complexities of trustee removal in Texas. This presentation explored the legal issues involved in removing and replacing trustees in Texas, including non-judicial removal, successor trustee issues, release agreements, judicial discharge relief, standing to
On May 1, 2025, David F. Johnson presented his paper, “Trust Distributions in Texas,” to the Tarrant County Probate Bar Association. His presentation covered the construction of trusts, various distribution standards (mandatory, discretionary, ascertainable/unascertainable, HEMS), related tax and liability issues, fiduciary duties concerning distributions (like disclosure, loyalty, and impartiality), implications
David F. Johnson, lead writer for The Fiduciary Litigator blog, addresses the statutory requirements and limits for modifying and reforming trusts in Texas. The presentation also addresses recent caselaw surrounding the type of evidence allowed in a hearing on a modification and limitations on the court’s authority to award modification
David F. Johnson, lead writer for The Fiduciary Litigator blog, presents the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation covers the Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and criminal statutes.
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