In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more
This presentation 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...more
12/1/2020
/ Attorney-Client Privilege ,
Beneficiaries ,
Client Communication ,
Confidential Information ,
Continuing Legal Education ,
Fiduciary ,
Fiduciary Duty ,
Financial Services Industry ,
Jury Trial ,
Liability ,
Modification ,
Removal ,
Resignation ,
Right to a Jury ,
Risk Management ,
Standing ,
Statute of Limitations ,
Trust Administration ,
Trust Protector Actions ,
Trustees ,
Trusts ,
Wealth Management ,
Webinars ,
Wills
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
1/27/2020
/ Actual Malice ,
Admissible Evidence ,
Breach of Duty ,
Civil Code ,
Confidential Information ,
Damages ,
Discovery ,
Evidence ,
Fiduciary Duty ,
Fraud ,
Gross Negligence ,
High Net-Worth ,
New Legislation ,
Petition for Writ of Certiorari ,
Punitive Damages ,
Retroactive Application ,
Rules of Civil Procedure ,
Statements of Net Worth ,
TX Supreme Court
In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Bar Association’s Ethics Seminar on September 30, 2016, and presented “Interesting Issues In Legal Ethics.” The presentation...more
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...more
5/25/2016
/ Admissibility ,
Breach of Duty ,
Confidential Information ,
Discovery ,
Document Productions ,
Duty of Care ,
Fiduciary Duty ,
Financial Institutions ,
Policies and Procedures ,
Standard of Care ,
TX Supreme Court