Latest Articles

David F. Johnson presented his paper “The Use of Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on December 5, 2019. This presentation discussed the general purposes for those clauses, the standards for enforcement, procedural aspects of enforcement, the impact of choice-of-law clauses, and most importantly, current authority from across the county on using those clauses in trust and estate…
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Detecting Elder Abuse and The Duty to Report Financial Exploitation” to the Southwest Association of Bank Counsel on Thursday, September 26, 2019, in Santa Fe, New Mexico.  This presentation focused on factors to detect the two main tools of elder abuse, undue influence and mental incompetence, and also discussed a financial institution’s duty to report elder abuse to the proper authorities.  David also…
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the law in Texas and practical advice regarding a trustee’s right to compensation. CLICK HERE FOR WEBINAR Trustee Compensation_Slides Trustee Compensation Paper If you are interested in joining our next complimentary webinar or presentation, please send your request to David Johnson at dfjohnson@winstead.com 
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog recently presented his paper on “Summary Judgments in Texas” at the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas.  This presentation included a discussion of the finality of summary judgments, the standard and scope of review of traditional and no-evidence summary judgments in the trial court and court of appeals, preservation of error hot topics, recent Texas Supreme Court decisions…
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Temporary Injunctive Relief in Texas” to the State Bar of Texas’s Advanced Civil Trial Course in San Antonio, Texas, on July 18. His presentation covered advanced issues in seeking temporary injunctive relief or defending against a request for that relief. David will also present this topic at the course’s location in Dallas on August 22, 2019 and Houston on…