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
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Locations
Other U.S. Locations
  • North Carolina
  • Texas
Number of Attorneys
100+ Attorneys

Court Affirms Jury Finding Of No Breach Of Fiduciary Duty In Partnership Dispute

In Thunder Rose Enters. v. Kirk, the plaintiffs sued the defendant for various claims, including breach of fiduciary duty based on an alleged partnership dispute. No. 13-15-00431-CV, 2017 Tex. App. LEXIS 3481 (Tex. App.—Corpus…more
 /  Business Organizations, Business Torts, Civil Procedure, Civil Remedies

Applicability Date for DOL Conflict of Interest Rule is Looming

As you may be aware, the Department of Labor’s (DOL’s) Conflict of Interest rule expands the scope of the definition of “fiduciary” under ERISA and the Code to cover more classes of financial advisers. While the final rule…more
 /  Finance & Banking, Labor & Employment Law

Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages

In Hughes v. Hughes, a husband and wife sued each other for various claims, including breach of fiduciary duty. No. 13-15-00496-CV, 2017 Tex. App. LEXIS 3489 (Tex. App.—Corpus Christi April 20, 2017, no pet. history)…more
 /  Civil Procedure, Family Law

Court Held That Settlor Had Standing To Assert Extra-Contractual Misrepresentation Claims Regarding Insurance Policies He Previously Transferred To An Irrevocable Insurance Trust

In Lee v. Rogers Agency, Lee purchased three whole-life insurance policies in the 1980s where each had a face value of $1,000,000. No. 06-15-00037, 2017 Tex. App. LEXIS 1069 (Tex. App.—Texarkana February 8, 2017, pet. filed). It…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Wills, Trusts, & Estate Planning

Court Holds That Shareholders In Closely Held Business Do Not Owe Each Other Fiduciary Duties

In In re Fritz, a bankruptcy court determined whether an exception to dischargeability was present. No. 15-347950BJH, 2017 Bankr. LEXIS 930 (N.D. Tex. Bankr. April 3, 2017)…more
 /  Bankruptcy, Business Organizations, Securities Law

Court Holds That Family Member Did Not Owe Fiduciary Duties To Other Family Member

In Walker v. Walker, a son sued his father and brother regarding the ownership of a beach house. No. 14-16-00357-CV, 2017 Tex. App. LEXIS 2742 (Tex. App.—Houston [14th Dist.] March 30, 2017, no pet. history)…more
 /  Civil Procedure, Family Law, Real Estate - Residential, Wills, Trusts, & Estate Planning

Court Affirms Sanctions Order Against Fiduciary Due To Discovery Abuses

In Eng v. Kolbe, a mother sued her daughter for abusing a power of attorney document. No. 03-15-00409-CV, 2017 Tex. App. LEXIS 2680 (Tex. App.—Austin March 30, 2017). The daughter was assisting her aging parents with their…more
 /  Civil Procedure, Family Law, Wills, Trusts, & Estate Planning

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
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