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

The Texas Supreme Court Holds That Incorporating The AAA Rules Does Not Delegate Arbitrability Issues To The Arbitrator For Nonsignatories

Background: Arbitration Clauses May Apply To Trust Disputes - The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Wills, Trusts, & Estate Planning

Texas High Court Formally Adopts Sham Affidavit Rule in Summary Judgment Setting

Current headlines are dominated with accusations of “fake news” and we have been introduced to the unsettling concept of “alternative facts.” In this hyper-politicized climate, will the judicial system serve as the last bastion…more
 /  Civil Procedure

2019 Health Plan Design Considerations

2019 HDHP and HSA Limits - Since many employers are working on their health plan designs for calendar year 2019 during the month of May, the Internal Revenue Service just issued the HDHP and HSA limits shown below for 2019…more
 /  Labor & Employment Law, Taxation

Court Holds That Drafts Of Trust Documents Are Discoverable And Discusses The Attorney-Client Privilege

In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding)…more
 /  Civil Procedure, Wills, Trusts, & Estate Planning

Threading the Needle: A Win-Win Buy-Sell Agreement for Private Company Majority Owners and Minority Investors

The business relationship between private company majority owners and minority investors does not have to be a zero sum game—there are positives available for both sides in their business dealings. But, a win-win approach for…more
 /  Business Organizations, Commercial Law & Contracts, Securities Law

Transferring Company Ownership Interests in Divorce Settlements - A Transaction in Which Both Spouses Need to Exercise Significant Caution

It is common for divorce settlements to include a transfer between spouses of an ownership interest in a private company, but the frequency of this transaction does not mean that it should be taken lightly. In fact, transferring…more
 /  Business Organizations, Family Law, Securities Law

[Webinar] Investment Insights - Cybersecurity Responsibilities for Investment Advisers - May 17th, 10:00am CT

This presentation will cover an overview of data protection policies and procedures for Investment Advisers…more
 /  Finance & Banking, Privacy, Securities Law

[Webinar] Joint Account Litigation In Texas With An Emphasis On Fiduciary Relationships - May 22nd, 10:00am CT

This presentation will cover the creation of joint accounts, the ownership of funds in these accounts, Texas Estate’s Code provisions and Texas common law regarding the requirements for effective survivorship language,…more
 /  Finance & Banking, Wills, Trusts, & Estate Planning

May Benefits Roundup

The U.S. Department of Labor’s Fiduciary Rule is Finally Dead or Is It? The U.S. Department of Labor (“DoL”) permitted the Fifth Circuit’s decision overruling the fiduciary rule in its entirety on a nationwide basis due to…more
 /  Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law, Taxation

Bankruptcy Court In Texas Held That Client Did Not Adequately Plead An Aiding and Abetting Breach of Fiduciary Duty Claim Against Former Attorneys

In In re Westech Capital Corp., a bankruptcy trustee sued a company’s former attorneys for breaching fiduciary duties and also for aiding and abetting the breach of fiduciary duty. No. 16-10300-TMD, 2018 Bankr. LEXIS 969 (W.D…more
 /  Bankruptcy, Business Organizations, Civil Procedure

Court Discusses The Texas Rules For Superseding Declaratory Relief In A Trust Dispute

In In the Interest of K.K.W., a father and mother, who were settlors, filed competing claims regarding the interpretation of a trust for their son. No. 05-16-00795-CV, 2018 Tex. App. LEXIS 2174 (Tex. App.—Dallas March 27, 2018,…more
 /  Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning

Texas Fiduciary Litigation Update

David F. Johnson presented his paper on “Litigation Update, Including Fiduciary Issues” to the Texas Bankers Association’s Legal Conference in Austin, Texas, on April 5, 2018. This presentation covered recent Texas precedent on…more
 /  Alternative Dispute Resolution (ADR), Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Texas Supreme Court Compels Arbitration For Lender And Disagrees With Fifth Circuit

In Henry v. Cash Biz, LP, a borrower sued a lender for the lender reporting the borrower’s bad checks to the district attorney’s office. No. 16-0854, 2018 Tex. LEXIS 164 (Tex. February 23, 2018)…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking

Court Holds That There Is A Fact Issue By Former Employer Against Employee For Breach Of Fiduciary Duty In Self-Dealing Transactions

In Roberts v. Overby-Seawell Co., an employee sued his former employer for the failure to pay commissions. No. 3:15-CV-1217-L, 2018 U.S. Dist. LEXIS 47821 (N.D. Tex. March 23, 2018)…more
 /  Labor & Employment Law

Emerging Benefit Risks

Watch All of the Company’s Mailboxes for a New Round of Tax Assessments - Another wave of Internal Revenue Service (“Service”) assessments of the employer shared responsibility tax (a/k/a pay or play) were recently released…more
 /  Commercial Law & Contracts, Health, Labor & Employment Law, Taxation
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