Latest Articles

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, has been recognized as a top author by JDSupra in the 2019 Readers’ Choice Awards. JD Supra’s Readers’ Choice Awards encompasses 26 different categories. From a pool of more than 800 authors, David’s insightful commentary was ranked fourth in the wealth management readership category. This category covers estate and gift tax, trusts, trustees, wills, closely held businesses, and fiduciary duty among other…
By the Interested Director Provision in the Texas Business Organizations Code By LaCrecia Perkins and Ladd Hirsch “The only way to get rid of temptation is to yield to it.” -Oscar Wilde “I generally avoid temptation unless I can’t resist it.”  -Mae West “That which is hateful to you, do not do unto your neighbor.”  -Hillel the Elder Temptation is powerful.  We all know this well, which is why these quotes by author and bon…
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the great transfer of wealth from the baby boomer generation, elder abuse and financial exploitation. Undue influence often arises out of seemingly kind individuals who ingratiate themselves to an elderly person, inserting themselves between the person and relatives, and obtaining the person’s bounty due to deceit.  This webinar will discuss the standards for undue influence, factors involved in recognizing that behavior, and a financial institutions…
Hospitality – the friendly and generous reception and entertainment of guests, visitors, or strangers in which the host receives the guests with goodwill. It is a common complaint that companies now provide a disappointing level of customer service.  But merely providing good service is not enough for a business to be assured of success. In a superb article on the Skift[1] hospitality website, 6 Basic Lessons in Hospitality From Danny Meyer, Deanna Ting summarizes…
By Sean Brown and Ladd Hirsch The majority owners of private Texas limited liability companies (LLC’s) enjoy a mixed blessing when they also manage their companies.  Majority owners have the power to direct their private companies as they deem fit, but when they disregard the interests of minority owners, they may breach their fiduciary duties to the company.  The members of member-managed LLCs and the managers of manager-managed LLCs owe their companies the fiduciary duties…
With the great transfer of wealth from the baby boomer generation, elder abuse and financial exploitation is a very timely and important topic. Undue influence often arises out of seemingly kind individuals who ingratiate themselves to an elderly person, inserting themselves between the person and relatives, and obtaining the person’s bounty due to deceit. This webinar will discuss the standards for undue influence, factors involved in recognizing that behavior, and a financial institutions duties to…
By Abby Kotun and Ladd Hirsch For many company founders, the business they created is far more than an investment and is closer to a baby they have nurtured and supported.  As the company achieves a significant level of success, however, the founders may not be quite as involved in day-to-day operations of the business.  In this later phase, the owners may have retained an experienced CEO along with other senior officers who are striving…
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Saving Your Damages Award Via Temporary Injunctive Relief” to the State Bar of Texas’s Damages in Civil Litigation Course in Dallas, Texas, on February 8, 2019.  In addition to a general discussion of issues concerning obtaining temporary injunctive relief, the presentation included a discussion of injunctive relief targeted at securing a defendant’s assets and protecting against dissipation activities. The…
By Frank Amini, Ph.D. and Lekha Gopalakrishnan, Ph.D. Under the U.S. Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”[1]  Common exceptions to what can be patented include laws of nature, natural phenomena, and abstract ideas[2]. In recent years, the U.S. Supreme Court has expanded the scope of the common exceptions to what can be patented.  For instance,…
By LaCrecia Perkins and Ladd Hirsch A look back at Business Divorce developments during Texas 2018 reflects a continuing negative trend for private company shareholders[1] who have claims for misconduct against the company’s control group (e.g., majority owners, officers, managers, and/or directors).  The rocky road for Texas shareholders began in 2014 with the Supreme Court’s Ritchie v. Rupe decision,[2] which eliminated the remedy previously available to minority shareholders of securing a court-ordered buyout of…