Winstead PC

Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators…more
| Civil Procedure, Intellectual Property, International Law & Trade

Court Reverses Decision On The Fair Market Value Of A Residence Due To The Surviving Spouse’s Interest

In Estate of Sloan, a wife died leaving her home, and her husband was the executor of her estate. No. 02-15-00198-CV, 2016 Tex. App. LEXIS 6465 (Tex. App.—Fort Worth June 16, 2016, no pet. history). The wife’s will left all of…more
| Civil Procedure, Finance & Banking, Real Estate - Residential, Wills, Trusts, & Estate Planning

Court Reverses New Trial Order After A Jury Verdict On A Trust Dispute

In In re Jones, there was a jury trial on the issue of whether a revocable trust was revoked such that the trustee, Jones, or the settlor’s executor, Coyle, had the right to the trust assets. No. 05-16-0081-CV, 2016 Tex. App…more
| Civil Procedure, Finance & Banking, Wills, Trusts, & Estate Planning

Court Holds That An Officer Of A General Partner Does Not Individually Owe Fiduciary Duties To The Partnership

In Rainier Income Fund I v. Gans, two limited partnerships sued an individual, who was the president of the general partner of the partnerships and co-owner of the only other limited partner, for breaching fiduciary duties…more
| Commercial Law & Contracts, Finance & Banking

Court Discusses Slayer Rule in Texas And Affirms Judgment For Bank That Froze Account

Preface to Case: The Texas Constitution states that “[n]o conviction shall work corruption of blood, or forfeiture of estate.” Tex. Const. Art. I § 21 (emphasis added). The Texas Estates Code also states as much. Tex. Est. Code…more
| Criminal Law, Finance & Banking, Insurance, Zoning, Planning & Land Use

Supreme Court of Texas; Recent Texas Home Equity Lending Decisions

On May 20, 2016, the Supreme Court of Texas (the "Court") issued its opinions in two cases involving Texas home equity lending – Garofolo v. Ocwen Loan Servicing and Wood v. HSBC Bank USA. The decisions are important for the…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Real Estate - Residential

“Call to Action” May Create Fiduciary Liability under ERISA

Traditional investment advisers, as well as broker-dealers, insurance brokers, banks, and employers, are abuzz with questions and concerns relating to the final regulation issued by the Department of Labor (DOL) on April 8,…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

HHS Releases HIPAA Privacy and Security Audit Guidelines as it Starts its Second Round of Audits and Continues Enforcement Efforts

During April 2016 the Department of Health and Human Services (“HHS”) posted lengthy audit guidelines for HIPAA Privacy and Security on its website (over 400 pages). As HHS starts its audits of health care providers, health…more
| Health, Insurance, Labor & Employment Law, Privacy, Science, Computers, & Technology

Court Affirms Finding Of Informal Fiduciary Relationship Between Step-Mother and Step-Son Based On Decision To Not Resuscitate Father

In Shearer v. Shearer, Corrine and John were married from 1990 until 2008. No. 12-14-00302-CV, 2016 Tex. App. LEXIS 5685 (Tex. App.—Tyler May 27, 2016, no pet. history). John became ill in 2009 and was admitted to a hospital…more
| Civil Remedies, Family Law, Wills, Trusts, & Estate Planning

Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an Account Managed by a Corporate Trustee

On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice…more
| Bankruptcy, Finance & Banking, Labor & Employment Law, Mergers & Acquisitions, Professional Malpractice

New ADA and GINA Wellness Regulation Changes Complicate Wellness Program Compliance Analysis and Risks

Wellness programs should all be reviewed considering the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) regulatory changes because noncompliance with the new requirements do…more
| Civil Remedies, Civil Rights, Health, Insurance, Labor & Employment Law

Use of Company Policies To Establish The Violation of A Fiduciary Duty

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 up…more
| Civil Procedure, Finance & Banking

Simplified 401(k) Roth Rollover Rules Finalized

Final Roth Rollover Rules Retain Simplification of Prior Notice and Ease Rollovers for Participants with Both Roth and Pre-Tax Amounts in their 401(k) Plan Account - Prior to the proposed rules on Roth 401(k) rollovers…more
| Finance & Banking, Labor & Employment Law, Taxation

Court Dismisses Fiduciary Claim Between Mortgagor and Mortgagee

In Fornesa v. HSBC Bank USA, N.A., plaintiff sought a damage award against a defendant mortgagor for compensatory and punitive damages, based on alleged predatory lending practices. 2016 Bankr. LEXIS 2011 (S.D. Tex. May 13,…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Might You Be Stumbling Into Being Subject to the U.S. Department of Labor’s Conflict of Interest Regulatory World?

The U. S. Department of Labor’s Conflict of Interest regulatory package (the “COI Rules”) reaches far more than traditional trustees named in retirement plan documents. Many financial advisors, tax advisors, investment advisors…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Taxation
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Contact

500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

Areas of Practice
  • Alternative Dispute Resolution (ADR)
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Locations
Other U.S. Locations
  • North Carolina
  • Texas
Number of Attorneys

100+ Attorneys

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