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

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

Co-Investment Rights, Disclosure Requirements, Limited Partnerships, Private Equity, SEC

See all updates »

Investment Advisers Regulatory Checklist

This coming year will have a revamped ADV with some new requirements. A significant new consideration is the challenges that new cryptocurrencies and other digital assets present for investment advisers and their compliance…more

Form ADV, Investment Adviser, Regulatory Standards, Reporting Requirements

See all updates »

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

Confidentiality Agreements, EEOC, Internal Investigations, KBR (formerly Kellogg Brown & Root), NLRB

See all updates »

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 Protection, Inventions, Outer Space, Patents, Popular

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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

EPA, Hazardous Waste, Health Care Providers, Pharmaceutical Industry, RCRA

See all updates »

API Protection Under Copyright Is Upheld by Federal Circuit

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection. Critics argue that this type of source code is…more

APIs, Copyright, Copyright Infringement, Google, Oracle

See all updates »

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

Charitable Deductions, Charitable Donations, IRS, Property Valuation

See all updates »

Hurricane Harvey Deployment - Revisiting Leave Issues

It is important for employers to remember that important employee leave issues may arise in the wake of a natural disaster like Hurricane Harvey. Any employer may receive requests for leaves related to Hurricane Harvey and the…more

COBRA, DOL, FMLA, Hurricane Harvey, Natural Disasters

See all updates »

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

Co-Investment Rights, Disclosure Requirements, Limited Partnerships, Private Equity, SEC

See all updates »

The Mis-“Conception” Of Being An Inventor

Scientists often confuse “authorship” in a manuscript with “inventorship” in a patent application or a patent. More often than not, scientists will list everyone involved with an invention or a manuscript describing the…more

Inventors, Patent Applications, Patents

See all updates »

Patent Troll

The term “Patent Troll” evokes a certain characteristic storybook image. James Logan of Personal Audio, LLC may not be that gnarled green monster hiding under a bridge, but to many Podcasters he is a similarly threatening…more

Patent Litigation, Patent Trolls, Patents

See all updates »

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation…more

Breach of Contract, Declaratory Judgments, Eleventh Amendment, Immunity, Inter Partes Review (IPR) Proceeding

See all updates »

Health Reform Rollercoaster

When POTUS signed the most recent executive order related to health care reform, it was only a small incremental step to direct the agencies to loosen some rules on health reform that will eventually impact the coverage…more

Affordable Care Act, CMS, Cost-Sharing, ERISA, Executive Orders

See all updates »

Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

Foreclosure, Landlords, Lenders, SNDAs, Subordination

See all updates »

When Is Your ERISA Plan or Flexible Benefit Plan Not Good Enough to Be a Bona Fide Plan?

Employee benefit plan drafters frequently complete plan documents for their client’s use assuming that the document’s status as an employee benefit plan under the Employee Retirement Income Security Act of 1974 (‘‘ERISA’’) or…more

Benefit Plan Sponsors, Employee Benefits, ERISA, FLSA, Health Savings Accounts

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New IRS Audit Rules: Partnerships and LLCs Should Name A Partnership Representative For IRS Audits

New legislation will govern IRS audits of partnerships and LLCs for tax years beginning after December 31, 2017. The new rules will affect both existing LLCs and partnerships as well as new partnership and LLC agreements,…more

Audits, IRS, Limited Liability Company (LLC), LLC Agreements, Partnership Agreements

See all updates »

Texas Supreme Court to review certified question from Fifth Circuit in Austin v. Kroger

The Supreme Court of Texas has accepted the Fifth Circuit’s certified question in Austin v. Kroger. The Fifth Circuit’s request for certification formally withdraws its previous controversial opinion. The case could have…more

Kroger, Nonsubscribers, Premises Liability

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What Employer Shared Responsibility Does Not Say

So much energy has been spent on what the final regulations on the employer shared responsibility tax and the related final reporting regulations (the “ESRR”), that some of the most significant considerations have been missed…more

Benefit Plan Sponsors, Employer Liability Issues, Full-Time Employees, Health Insurance, Internal Revenue Code (IRC)

See all updates »

Investment Advisers Regulatory Checklist

This coming year will have a revamped ADV with some new requirements. A significant new consideration is the challenges that new cryptocurrencies and other digital assets present for investment advisers and their compliance…more

Form ADV, Investment Adviser, Regulatory Standards, Reporting Requirements

See all updates »

Diversity at Law Firms in the Post-Recession Era

Law firms’ efforts to achieve diversity in their ranks, especially at the partner level, began as long ago as the early 1990s. They ramped up in the early 2000s as many firms invested heavily in programs designed to recruit and…more

Big Law, Diversity, Recessions, Recruitment Incentives

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New IRS Audit Rules: Partnerships and LLCs Should Name A Partnership Representative For IRS Audits

New legislation will govern IRS audits of partnerships and LLCs for tax years beginning after December 31, 2017. The new rules will affect both existing LLCs and partnerships as well as new partnership and LLC agreements,…more

Audits, IRS, Limited Liability Company (LLC), LLC Agreements, Partnership Agreements

See all updates »

Health Reform Rollercoaster

When POTUS signed the most recent executive order related to health care reform, it was only a small incremental step to direct the agencies to loosen some rules on health reform that will eventually impact the coverage…more

Affordable Care Act, CMS, Cost-Sharing, ERISA, Executive Orders

See all updates »

SEC to Vote on Crowdfunding Proposal to Ease Investor Verification Requirements

On October 23, 2013, the United States Securities and Exchange Commission (the “SEC”) is expected to vote on a SEC proposal that would ease investor verification requirements under the crowdfunding rule. The crowdfunding rule,…more

Crowdfunding, General Solicitation, Investors, JOBS Act, SEC

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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

401k, Final Rules, IRA Rollovers, IRS, Retirement Plan Providers

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Court Holds That Lender Did Not Have Standing To Sue An Estate For A Deficiency After Electing That Its Claim Is A Preferred Debt And Lien

In In re Estate of Chapman, Peoples Bank (the Bank) conducted a non-judicial foreclosure sale of secured real estate owned by an estate and then sued the administrator of the estate in district court due to a deficiency…more

Creditors, Deficiency Judgments, Estate Claims, Non-Judicial Foreclosures, Priority Debt

See all updates »

A Few Thoughts After “Frankenstorm”

The major impact that Hurricane Sandy had on the East Coast is a good reminder of the importance of the maintenance of sufficient insurance. All condominium projects in Texas (whether they operate under the current Uniform…more

Condominium Associations, Condominiums, Hurricane Sandy, Liability Insurance, Property Damage

See all updates »

Houston Court of Appeals Finds Pre-PSA Emails Created Binding Contract

The use of email in modern transactions is pervasive. Few negotiating parties consider, however, the possibility that those emails may create a binding obligation when the transaction requires finalization through a formal…more

Appeals, Binding Agreements, Confidentiality Agreements, Contract Disputes, E-Signatures

See all updates »

Let’s attract more Chinese investment: State and local success in attracting Chinese firms can be supplemented

As Chinese direct investment through acquisitions and greenfield development in the U.S. continues on its upward trajectory, North Carolina is securing a noteworthy share of the activity. According to the China Business Monitor…more

China, Foreign Investment

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Selling Your Company: The Letter of Intent

One of the first steps in the sale of your company will be entering into a Letter of Intent. In order to avoid drafting lengthy documents and spending time and money on attorneys unnecessarily, you should be certain that the…more

Contract Negotiations, Corporate Sales Transactions, Letters of Intent

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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

Action to Quiet Title, Breach of Contract, Foreclosure, Forfeiture, Home Equity

See all updates »

QUICK HITS: Protecting Confidential Information in a Collaborative Setting

A few years ago, our firm defended a client against a claim of patent infringement. As it turned out, our client had disclosed its confidential information to a potential business partner during a pre-collaboration exploratory…more

Breach of Contract, Confidential Information, Confidentiality Agreements, Development Agreements, Non-Disclosure Agreement

See all updates »

Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

Foreclosure, Landlords, Lenders, SNDAs, Subordination

See all updates »

Houston Court of Appeals Finds Pre-PSA Emails Created Binding Contract

The use of email in modern transactions is pervasive. Few negotiating parties consider, however, the possibility that those emails may create a binding obligation when the transaction requires finalization through a formal…more

Appeals, Binding Agreements, Confidentiality Agreements, Contract Disputes, E-Signatures

See all updates »

Investment Advisers Regulatory Checklist

This coming year will have a revamped ADV with some new requirements. A significant new consideration is the challenges that new cryptocurrencies and other digital assets present for investment advisers and their compliance…more

Form ADV, Investment Adviser, Regulatory Standards, Reporting Requirements

See all updates »

New IRS Audit Rules: Partnerships and LLCs Should Name A Partnership Representative For IRS Audits

New legislation will govern IRS audits of partnerships and LLCs for tax years beginning after December 31, 2017. The new rules will affect both existing LLCs and partnerships as well as new partnership and LLC agreements,…more

Audits, IRS, Limited Liability Company (LLC), LLC Agreements, Partnership Agreements

See all updates »

Whistleblower Rule Compliance: SEC’s OCIE Issues Risk Alert in Wake of Illustrative Enforcement Actions

On October 24, staff of the Securities Exchange Commission (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert titled “Examining Whistleblower Rule Compliance” (the “Risk Alert”). The Risk…more

Broker-Dealer, OCIE, Registered Investment Advisors, Risk Alert, Rule 21F

See all updates »

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

Action to Quiet Title, Breach of Contract, Foreclosure, Forfeiture, Home Equity

See all updates »

OCC’s Commercial Real Estate Lending Handbook: Misses the List on Legal Issues

Over the last few weeks, I’ve commented on the new version of the OCC’s Commercial Real Estate Lending Handbook (I give it a gentlemen’s C); and I listed a few legal topics that deserve some guidance from the OCC. …more

Banks, Commercial Real Estate Market, Handbooks, Lenders, Loan Documentation

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No HIPAA Hall Pass for Business Associates and Small Breaches

Phase 2 Audits of Business Associates: The Department of Health and Human Services, Office for Civil Rights (OCR) is in the process of conducting its phase 2 audits of Covered Entities and Business Associates. “Covered…more

Breach Notification Rule, Business Associates, Covered Entities, Health Care Providers, HIPAA Audits

See all updates »

Agencies Propose Incentive Compensation Rules for Financial Institutions

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the U.S. Securities and Exchange Commission recently proposed new restrictions on…more

Board of Directors, Clawbacks, Comment Period, Disclosure Requirements, Dodd-Frank

See all updates »

What are Moral Rights?

The term moral rights in the United States typically refers to the right or ability of creators of certain works of visual art (e.g., paintings, drawings, prints, sculptures, and photographs) to control the eventual fate of such…more

Copyright, Intellectual Property Protection, Moral Rights

See all updates »

Health Reform Rollercoaster

When POTUS signed the most recent executive order related to health care reform, it was only a small incremental step to direct the agencies to loosen some rules on health reform that will eventually impact the coverage…more

Affordable Care Act, CMS, Cost-Sharing, ERISA, Executive Orders

See all updates »

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

EPA, Hazardous Waste, Health Care Providers, Pharmaceutical Industry, RCRA

See all updates »

Adam Carolla Gets It On with Personal Audio Settlement

As part of their settlement, Adam Carolla and Personal Audio LLC agreed to not make any public statements concerning their patent infringement lawsuit until September 30th. On Wednesday’s podcast, Adam Carolla and Mike August,…more

Crowdfunding, Litigation Fees & Costs, Patent Litigation, Patents, Podcasts

See all updates »

No Shoes, No Shirt, No Guns? Steps Businesses Must Take to Prevent Open Carry by Employees and Customers

Effective January 1, 2016, Concealed Handgun License (CHL) holders are now allowed to carry their guns in visible holsters on their hips or shoulders. Previously, CHL holders were required to conceal their weapon completely from…more

Concealed Carry Permit, Concealed Weapons, Firearms, Gun Laws, Posting Requirements

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Texas Fiduciary Litigation Update: 2015-2016

The fiduciary field in Texas is a constantly changing area. Over time, statutes change, and Texas courts interpret those statutes, the common law, and parties’ documents differently. This paper is intended to give an update on…more

Beneficiaries, Breach of Duty, Conflicts of Interest, Evidentiary Hearings, Fiduciary Duty

See all updates »

Investment Advisers Regulatory Checklist

This coming year will have a revamped ADV with some new requirements. A significant new consideration is the challenges that new cryptocurrencies and other digital assets present for investment advisers and their compliance…more

Form ADV, Investment Adviser, Regulatory Standards, Reporting Requirements

See all updates »

Time to Electronically Report Your Injury and Illness Records to OSHA - or is it?

The Occupational Safety and Health Administration (OSHA) has announced that its Injury Tracking Application, nicknamed “ITA,” will go live on August 1, 2017. ITA, which will be accessible on OSHA’s site here, is a web-based…more

Electronic Filing, Employer Mandates, Final Rules, National Association of Manufacturers, OSHA

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No Shoes, No Shirt, No Guns? Steps Businesses Must Take to Prevent Open Carry by Employees and Customers

Effective January 1, 2016, Concealed Handgun License (CHL) holders are now allowed to carry their guns in visible holsters on their hips or shoulders. Previously, CHL holders were required to conceal their weapon completely from…more

Concealed Carry Permit, Concealed Weapons, Firearms, Gun Laws, Posting Requirements

See all updates »

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

Benefit Plan Sponsors, Cybersecurity, Enforcement Authority, ERISA, GLBA Privacy

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DOMA Concerns for Nonsubscribers, What You Need to Know Now.

On June 26, 2013, the United States Supreme Court issued a historic 5-4 decision that impacts how federal law is applied to same-sex couples. In United States v. Windsor, the Supreme Court held that Section 3 of the 1996 Defense…more

DOMA, IRS, Nonsubscribers, SCOTUS, Tax Benefits

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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

EU, Jurisdiction, Member State, Opt-Outs, Patent Portfolios

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Impact of the President’s Executive Orders on Immigration on Employers

During his first week in office, President Trump issued three Executive Orders affecting immigration and border security. Two of the Executive Orders really have no impact on employers, as they relate to the President’s promise…more

Executive Orders, Foreign Nationals, Green Cards, Immigrants, Refugees

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The Fiscal Cliff for Condominium Developers

Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own…more

Condominiums, Financing, Fiscal Cliff, Land Developers, Tax Assessment

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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

Arbitration Agreements, General Contractors, Housing Developers, Motion to Compel, Non-Signatories

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Is it HIPAA or HIPPA? Either way, it still applies.

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information (PHI)…more

Business Associates, Cloud Computing, Cloud Service Providers (CSPs), Covered Entities, Data Protection

See all updates »

Agencies Propose Incentive Compensation Rules for Financial Institutions

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the U.S. Securities and Exchange Commission recently proposed new restrictions on…more

Board of Directors, Clawbacks, Comment Period, Disclosure Requirements, Dodd-Frank

See all updates »

Board Oversight of Cybersecurity

Cyber-attacks on U.S. companies have increased over recent years resulting in significant costs to companies. According to surveys, U.S. companies have experienced a 42% increase between 2011 and 2012 in the number of…more

Board of Directors, Corporate Governance, Cyber Attacks, Cybersecurity, Risk Assessment

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