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

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
 /  Civil Procedure, Finance & Banking, Real Estate - Residential, Wills, Trusts, & Estate Planning

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
 /  Finance & Banking, Securities Law

Dealing With Policies and Protocols of Banking Institutions In Texas

On December 1, 2017, David F. Johnson presented his paper “Dealing with Policies and Protocols of Banking Institutions in Texas” to the State Bar of Texas’s 19th Annual Fiduciary Litigation Course in San Antonio, Texas. This…more
 /  Alternative Dispute Resolution (ADR), Finance & Banking

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
 /  Labor & Employment Law

Court Holds That Contractual Relationship Does Not Create Fiduciary Duties

In Na Ins. Servs. Holding Corp. v. Hilb Group of Ind., a federal magistrate recommended that the district court grant a defendant’s motion to dismiss a breach of fiduciary duty claim. No. 4:17CV600-ALM-KPJ, 2017 U.S. Dist. LEXIS…more
 /  Civil Procedure, Commercial Law & Contracts

Court Denies Request For Mandamus Relief Regarding Court Order Requiring Spouse of Deceased Trustee To Prepare An Accounting

In In re Ng, after a jury found that a deceased trustee did not breach fiduciary duties, a trial court nonetheless ordered the deceased trustee’s spouse to prepare an accounting of the trust. No. 09-17-00386-CV, 2017 Tex. App…more
 /  Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning

Magistrate Recommends Refusing A Request For A Preliminary Injunction Based On A Breach Of Fiduciary Duty Claim Arising From An LLC’s Former Member Competing For Opportunities

In BCOWW Holdings, LLC v. Collins, plaintiffs sued a former member and his new company asserting breach of fiduciary duty and numerous other claims based in part on the defendants allegedly usurping a corporate opportunity. No…more
 /  Business Organizations, Business Torts, Civil Procedure, Civil Remedies

Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute

In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex…more
 /  Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning

21st Century Cures Act Qualified Small Employer Health Reimbursement Arrangements (“QSEHRAs”) May Not Be the Total Cure

QSEHRAs are designed for employers that are not applicable large employers under the employer shared responsibility tax (Code section 4980H). QSEHRAs may only be offered by employers with fewer than 50 full-time employees (as…more
 /  Insurance, Labor & Employment Law

Legislative Update: New Vulnerable Persons and POA Statutes

On October 26, 2017, David F. Johnson presented “Legislative Update Impacting Fiduciaries,” to the Texas Bankers Association’s Advanced Trust & Portfolio Management Forum in San Antonio, Texas. This presentation discussed new…more
 /  Family Law, Finance & Banking, Wills, Trusts, & Estate Planning

Court Refuses To Enforce Arbitration Clause By Financial Advisor

In Steer Wealth Mgmt., LLC v. Denson, Denson, in her individual capacity and as executor of her husband’s estate, sued Steer Wealth Management, LLC, for causes of action including breach of fiduciary duty, breach of contract and…more
 /  Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Finance & Banking, Wills, Trusts, & Estate Planning

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
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Mergers & Acquisitions

Federal Courts Hold That Lenders Do Not Generally Owe Fiduciary Duties To Borrowers

In Hagood v. Countrywide Home Loans, Inc., a borrower sued a lender for several claims, including breach of fiduciary duties. No. A-17-CA-00784-SS, 2017 U.S. Dist. LEXIS 165943 (W. D. Tex. October 6, 2017). The defendant filed a…more
 /  Finance & Banking

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
 /  Elections & Politics, Health, Insurance, Labor & Employment Law

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
 /  Commercial Law & Contracts, Communications & Media Law, Privacy, Health, Science, Computers, & Technology
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