Winstead PC

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500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201, United States
Phone: 214.745.5400
Fax: 214.745.5390
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • Texas
Number of Attorneys
100+ Attorneys

Court Holds That Members of LLC May Owe Each Other Fiduciary Duties

In B Choice v. Epicentre Development Associates, the federal district court affirmed a magistrate’s recommendations concerning whether members of an LLC owe fiduciary duties to each other in Texas. No. H-14-2096, 2017 U.S. Dist…more
 /  Business Organizations, Civil Procedure, Securities Law

Changes to Stabilize HealthCare.gov Have Implications for Employer Sponsored Health Plans

We learn early on that for any action there is a reaction. On Friday, the Department of Health and Human Services released “Market Stabilization” final regulations that will impact group health plans as they plan for 2018. The…more
 /  Administrative Law, Insurance, Labor & Employment Law

Court Enforces Release Agreement Between Trustees/Executors and A Beneficiary

In Harrison v. Harrison Interests, a beneficiary of an estate and multiple trusts had a dispute with the executors and trustees. No. 14-15-00348-CV, 2017 Tex. App. LEXIS 1677 (Tex. App.—Houston [14th Dist.] February 28, 2017, no…more
 /  Civil Remedies, Wills, Trusts, & Estate Planning

What Retirement Plan Sponsors and Employers Need to Know About Cybersecurity Risk and Liabilities

Many employers historically were only concerned with privacy and security for health plans under the Health Insurance Portability and Accountability Act (HIPAA)1 and state laws; however, there are other references to protecting…more
 /  Communications & Media Law, Labor & Employment Law, Privacy

Court Denied Motion To Stay Enforcement of A Turnover Order Against Fiduciary

In In the Estate of Gary, a trial court granted a motion to remove an administrator and later granted a turn over order regarding same. No. 07-16-00421-CV, 2017 Tex. App. LEXIS 1991 (Tex. App.—Amarillo March 8, 2017, no pet…more
 /  Civil Procedure, Wills, Trusts, & Estate Planning

Court Held That Company’s Employee Did Not Owe Fiduciary Duty To Vendor

In E-Learning LLC v. AT&T Corp., the plaintiff provided computer software services to the defendant. No. 04-16-00291-CV, 2017 Tex. App. LEXIS 1726 (Tex. App.—San Antonio 2017, no pet. history). Beginning in 2010, the parties…more
 /  Business Torts, Commercial Law & Contracts

Duty to Diversify – Texas Bankers Association’s Real Estate, Oil and Gas Conference

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Asset Concentrations and the Duty to Diversify” to the Texas Bankers Association’s Real Estate, Oil and Gas Conference, in San Antonio on March…more
 /  Finance & Banking, Securities Law, Wills, Trusts, & Estate Planning

Asset Concentrations And The Duty To Diversify

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Asset Concentrations and the Duty to Diversify” to the Texas Bankers Association’s Real Estate, Oil and Gas Conference, in San Antonio on March 24,…more
 /  Finance & Banking, Securities Law, Wills, Trusts, & Estate Planning

Perspectives for Employers on the Proposal for Health Reform About to Be Voted on in the House

Congress is scheduled to vote on the revised proposal to “repeal and replace” the Affordable Care Act (the ”ACA”). This bill is currently called the American Health Care Act of 2017 (the “2017 Bill”). It is important to…more
 /  Elections & Politics, Health, Insurance, Labor & Employment Law

Texas Supreme Court Addresses The Causation Requirement For A Breach Of Fiduciary Duty Claim And Conspiracy, Aiding And Abetting Breach Of Fiduciary Duty, And Joint Venture Theories

In First United Pentecostal Church of Beaumont v. Parker, a church hired an attorney to defend it against sexual abuse allegations. 2017 Tex. LEXIS 295 (Tex. March 17, 2017). During the same time, the church also engaged the…more
 /  Civil Procedure, Civil Remedies, Insurance, Professional Malpractice

Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship

In Samsung Electronics America v. Chung, Samsung Electronics America, Inc. (“Samsung”) filed suit against All Pro Distributing, Inc. (“All Pro”) and certain former employees alleging claims for breach of fiduciary duty and…more
 /  Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

Court Finds That There Is A Fact Issue On Whether Corporate Shareholder And Officer Breached Fiduciary Duties To Creditors

In Tow v. Wellington Yu, a bankruptcy trustee sued a corporation’s shareholder and officer for breaching fiduciary duties by entering into a settlement agreement that required the sale of real estate where the defendant would…more
 /  Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking

Courts Hold That Multiple Probate Court Orders Were Not Appealable

In The Management Trust of Norsworthy, the court reviewed a trustee’s accountings and petition for approval to enter into an agreement with the beneficiary’s wife to make regular distributions to her for certain recurring…more
 /  Civil Procedure, Wills, Trusts, & Estate Planning

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation…more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Education, Intellectual Property

Cybersecurity Risks and Liabilities for Employers, Retirement Plan Sponsors and Fiduciaries

Many employers historically were only concerned with privacy and security for health plans under the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (‘‘HIPAA’’) and State laws;…more
 /  Labor & Employment Law, Privacy
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