Winstead PC

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the right…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Commercial

Court Held That A Beneficiary Could Not Usurp A Trustee’s Right To Direct Litigation And Did Not Have Standing To Sue The Trustee On Behalf Of The Trust

In In re XTO Energy Inc., a beneficiary, on behalf of the trust, sued an oil and gas operator for allegedly not paying sufficient funds to the trust and also sued the trustee for refusing to bring that claim. No…more
| Civil Procedure

Exculpatory Clauses In Trust Documents Are “Somewhat” Enforceable In Texas

It is common for settlors to execute trust documents that contain exculpatory clauses. An exculpatory clause is one that forgives the trustee for some action or inaction. For example, a common exculpatory clause may state “The…more
| Wills, Trusts, & Estate Planning

Court Affirmed Finding Of No Fiduciary Duty Because No Joint Venture Existed

In Stutz Rd. Ltd. P’ship v. Weekley Homes, L.P., plaintiffs sued a defendant for breach of fiduciary duty based on duties owed pursuant to an alleged joint venture. No. 05-12-01752-CV, 2015 Tex. App. LEXIS 11440 (Tex…more
| Business Organizations, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Recent Health Plan and Other Updates

Much Ado About the Cadillac Tax - Recently there have been many parties, including certain presidential candidates, weighing in on the Affordable Care Act’s Excise Tax on High Cost Health Benefits under Code section 4980I,…more
| Insurance, Labor & Employment Law, Taxation

Healthcare Providers Face New Rules Governing the Disposal of Pharmaceuticals

On September 25, 2015, the United States Environmental Protection Agency published a proposed rule concerning “Management Standards for Hazardous Waste Pharmaceuticals”. Under the proposed rule, the term “healthcare facilities”…more
| Environmental Law, Health, Science, Computers, & Technology

Two Hundred and Twenty Fifth Anniversary of U.S. Patent X000001

U.S. Patent X000001 was granted on July 31, 1790 to Samuel Hopkins. The original document went missing for many years, only resurfacing in 1956. The inventor named is Samuel Hopkins, but which Samuel Hopkins was much in…more
| Intellectual Property, Science, Computers, & Technology

The DOL Proposes Rule Expanding Employees Covered by FLSA’s Overtime Protections

On June 30, 2015, the U.S. Department of Labor (DOL) announced a proposed rule that would substantially reduce the number of executive, administrative, and professional employees (white collar employees) which are currently…more
| Labor & Employment Law

Supreme Court Decision Entitles Married Same-Sex Couples to Spousal Leave under the FMLA

On June 26, 2015, the U.S. Supreme Court issued its ruling Obergefell v. Hodges, giving same-sex couples the right to marry in all 50 states. The Court held that the U.S. Constitution requires states to license a marriage for…more
| Civil Rights, Constitutional Law, Family Law, Labor & Employment Law

The Impact of Ariosa Diagnostics v. Sequenom on the Patent Eligibility of Biomarker Detection Methods

Under 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
| Health, Intellectual Property, Science, Computers, & Technology

United States Tax Court, Bob R. Davis and Erin Davis, Petitioners v. Commissioner of Internal Revenue, Respondent (Published Opinion)

Shareholder Marcus Brooks served as lead counsel in Bob R. Davis and Erin Davis, Petitioners v. Commissioner of Internal Revenue, Respondent. The case involved a charitable deduction for a bargain sale to a public charity…more
| Civil Procedure, Taxation, Nonprofit Law

International Protection of Industrial Designs under the Hague System

An industrial design generally constitutes the ornamental or aesthetic aspects of various articles, such as the three dimensional features (e.g., shapes) or two dimensional features (e.g., patterns, lines or colors) of packages,…more
| Intellectual Property, International Law & Trade

The Big Picture of the Employer Shared Responsibility Tax

Ever since the Treasury Department in early 2014 issued final regulations on the employer shared responsibility tax (ESR tax)1 and the related final reporting regulations (ESR regulations)2 under the Patient Protection and…more
| Labor & Employment Law, Health, Taxation

The SEC Joins the NLRB and EEOC in the Assault on Employee Confidentiality Agreements and Policies in Workplace Investigations

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced its first settlement of a whistleblower enforcement action against a company for using confidentiality agreements to stifle the whistleblower…more
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Standard of Review for Claim Construction on Appeal

On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district…more
| Civil Procedure, Intellectual Property
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500 Winstead Building 2728 N. Harwood Street
Dallas, TX 75201, United States

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Areas of Practice
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100+ Attorneys

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