Winstead PC

New PTEs Impact Broker’s and Advisor’s Relationship with Retirement Plans and IRAs and Also Impact Plan Sponsors and Fiduciaries

While only the plan service providers, like brokers, are required to comply with the requirements of the revised and new prohibited transaction class exemptions contained in the package with the definition of fiduciary/conflict…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Functional Features in Design Patents

The treatment of functional features in design patents was discussed in the recent Federal Circuit case for Sport Dimension, Inc. v. The Coleman Company, Inc., Case No. 15-1553 (Fed. Cir. 2016). The Court rejected the district…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Affirms Holding That A Trust Owns Stock That Was Issued To The Trustee In His Individual Capacity

In Dutcher v. Dutcher-Phipps Crane & Rigging, Inc., a trust owned twenty percent of a family limited partnership that in turn owned a family business. No. 08-15-00202-CV, 2016 Tex. App. LEXIS 3809 (Tex. App.—El Paso 2016, no…more
| Business Organizations, Civil Procedure, Securities Law, Wills, Trusts, & Estate Planning

News Alert – Employer Action Required Following Issuance of Final Rule

On April 8, 2016, the Department of Labor (DOL) released the much anticipated final regulation to broaden the scope of fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue…more
| Finance & Banking, Labor & Employment Law, Securities Law

Sequenom v. Ariosa Diagnostics: A Supreme Court Petition that Requests Clarification on the Patent Eligibility of Diagnostic Methods

UUnder the Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Common exceptions to what can be patented include laws of nature,…more
| Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Employer Action Required Following Issuance of Final Rule

On April 8, 2016, the Department of Labor (DOL) released the much anticipated final regulation to broaden the scope of fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

A Brave New World for Investment Advisors Following Issuance of Final Rule

On April 8, 2016, the Department of Labor (DOL) released the much anticipated final regulation to broaden the scope of fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Court Holds That Order Allowing A Successor Trustee And Reinstating A Prior Trustee Is Appealable

In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex. App…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Court Caps Exemplary Damages Award Where Plaintiff Did Not Plead or Prove A Misapplication Of Fiduciary Property Capbusting Offense

In Davis v. White, a lawyer sued his former partner over the application of a receivable. No. 02-13-00191-CV, 2016 Tex. App. LEXIS 3075 (Tex. App.—Fort Worth March 24, 2016, no pet. history). A jury awarded the plaintiff over…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

What Plan Sponsors Need to Know About the New Fiduciary Regulation and Related PT Exemptions

What Plan Sponsors Need to Know Now - On April 5, 2016, the U.S. Department of Labor released a new definition of what constitutes a fiduciary to a retirement plan. While the new guidance clarified that certain activities…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Labor & Employment Law

Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy

It is not uncommon for a successful plaintiff in a breach of fiduciary duty case to have their collection efforts thwarted by a defendant filing for bankruptcy. The issue is whether the state court judgment is dischargeable in…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Court Holds That Will Did Not Revoke Inter Vivos Trust

In Gordon v. Gordon, a man and his wife executed a revocable trust agreement and began to fund the trust. No. 11-14-00086-CV, 2016 Tex. App. LEXIS 3357 (Tex. App.—Eastland March 31, 2016, no pet. history). The couple later…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Wills, Trusts, & Estate Planning

How Recent Cybersecurity Government Publications Impact HIPAA Security Compliance and the New Audit Initiative

Cybersecurity Impacts on HIPAA Security Compliance and the New Audit Initiative - New Audit Initiative Items to Watch - While The HHS Office for Civil Rights recently announced its intent to perform a second round…more
| Privacy, Health, Science, Computers, & Technology

Court Affirmed Holding That Trust Owned Real Estate And Was Entitled To Attorney’s Fees

In Courtade v. Estrada, Estrada created an inter vivos irrevocable trust and deeded real estate into the trust. No. 02-14-00295-CV, 2016 Tex. App. LEXIS 3105 (Tex. App.—Fort Worth March 24, 2016, no pet. history). Two days…more
| Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning

Fiduciary Regulation and How Recent Cybersecurity Government Publications Impact HIPAA Security Compliance and the New Audit Initiative

Fiduciary Regulation - The Office of Management and Budget released the final Fiduciary or Conflict of Interest regulation and related prohibited transaction exemption modifications from its review today. The next step…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Health, Science, Computers, & Technology
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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
  • D.C.
  • Louisiana
  • North Carolina
  • Texas
Number of Attorneys

100+ Attorneys

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