David F. Johnson presented his paper “Litigating Self-Interested Transactions Involving Fiduciaries” to the State Bar of Texas’s Fiduciary Litigation Course on December 2-3, 2021, in San Antonio, Texas. This presentation discussed a fiduciary’s duty of loyalty, the right to compensation and other benefits, the concept of self-interested transactions, the presumption of unfairness that attaches to self-interested transactions, the factors that fiduciaries must meet to prove the fairness, and procedural issues (in summary judgment proceedings and at trial) in litigating the presumption. David was also the course director for the Fiduciary Litigation Course, which had great attendance.
