Winstead PC

Court Holds That There Was No Harm In Failing To Submit A Breach Of Fiduciary Duty Question To A Jury

In Gengenbach v. Rodriguez, a defendant alleged a counterclaim for breach of fiduciary duty arising from a farming operation. No. 13-14-00711-CV, 2016 Tex. App. LEXIS 12289 (Tex. App.—Corpus Christi November 17, 2016, no pet…more
| Agriculture, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Co-Investments in Private Equity: The SEC’s Focus on Disclosure

The trend of utilizing co-investments in private equity continues to grow. A Special Report by Preqin found that 69% of the 320 sponsors surveyed offered co-investment rights to their limited partners, with another 18%…more
| Business Organizations, Securities Law

Court Reverses No-Evidence Summary Judgment On Fiduciary Duty Claim Because Motion Was Not Sufficiently Precise

In Neurodiagnostic Tex, L.L.C. v. Pierce, the court reviewed a summary judgment entered regarding an employer’s breach of fiduciary duty claim. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 11754 (Tex. App.—Tyler October 31, 2016, no…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Federal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack of Jurisdiction

In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are courts of limited…more
| Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning

The U.S. Department Of Labor’s Conflict of Interest/Fiduciary Regulatory Package Survives Challenge in DC

One of the District Courts hearing challenges to the U.S. Department of Labor’s Conflict of Interest regulatory package has upheld the regulation and related prohibited transaction class exemptions, including the Best Interest…more
| Labor & Employment Law

Major Record Labels file Copyright Suit Against YouTube-MP3.org

YouTube is a well-known video sharing website that allows users to view, upload, share, rate, and comment on videos. Generally, the user streaming the video from YouTube cannot download, copy, or save the video. Stream…more
| Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology

Court Holds That Fiduciary Shield Doctrine Does Not Protect A Representative From Tortious Conduct

In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties. No. 14-16-00035-CV, 2016…more
| Business Organizations, Business Torts, Civil Procedure

Inventions Out Of This World: Patent Protection In Outer Space

Outer space exploration has been expanding.  For instance, since 1998, the International Space Station has served as a platform for scientific research and discoveries in space within modules that are operated by the space…more
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation…more
| Labor & Employment Law, Privacy, Science, Computers, & Technology

A Trustee's Duty To Disclose In Texas

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his speech on a “Trustees’ Duty To Disclose In Texas” to the Tarrant County Bar Association’s Business and Estate Section’s membership lunch in…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Court Affirms Finding That Will Was Lost And Not Revoked

In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet. history). This case was…more
| Civil Remedies, Wills, Trusts, & Estate Planning

Court Reversed Summary Judgment For A Client As Against His Financial Advisor

In Kang v. Song, Song sued Kang for fraud, violations of the Texas Securities Act, violations of Texas’s Deceptive Trade Practices Act (DTPA), breach of fiduciary duty, negligent misrepresentation, breach of contract, and…more
| Civil Procedure, Civil Remedies, Finance & Banking, Securities Law

Texas Fiduciary Litigation Update 2015-2016

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Probate Bar’s Litigation Seminar and presented “Fiduciary Litigation Update 2015-2016.” David discussed recent Texas precedent…more
| Business Organizations, Business Torts, Civil Procedure

Interesting Issues In Legal Ethics

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
| Alternative Dispute Resolution (ADR), Professional Malpractice

Courts Address Conspiracy, Knowing Participation, and Aiding And Abetting Breach Of Fiduciary Duty Claims

In Rhymes v. Filter Res., Inc., a former employer sued a former employee and the employee’s new business for breach of contract, breach of fiduciary duty, and tortious interference related to the employee’s competition with the…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law
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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)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
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  • Environmental Law
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  • Immigration Law
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  • Labor & Employment Law
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  • 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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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