SEC[1] and DOJ[2] Bring Parallel Actions in $275 Million Ponzi Schemes Involving Water Vending Machines There has not been much news regarding SEC enforcement lately, but today the SEC and DOJ both charged a founder of a Washington-based
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Court Reversed Judgment Against A Trustee Due To Jury Instruction Errors And Also Held That A Party Is Not Entitled To A Jury Trial In Trustee Removal Actions
In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee of the trust and ratified his employment and the employment of
Court Dismissed Appeal From Interim Trust Orders Because It Lacked Jurisdiction
In White v. White, an income beneficiary of a trust was retained to manage ranch property. No. 08-23-00244-CV, 2024 Tex. App. LEXIS 8896 (Tex. App.—El Paso December 19, 2024, no pet.). He later became trustee of the trust and ratified
Court Affirmed An Order Removing A Trustee
In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin December 20, 2024, no
Court Affirmed A Probate Court’s Granting Of Plea To The Jurisdiction Based On The Estate Beneficiaries’ Lack Of Standing
In Est. of Smith, the beneficiaries of an estate filed claims that the decedent was mentally incompetent when she deeded her residence to her grandson and granddaughter-in-law. No. 02-24-00175-CV, 2024 Tex. App. LEXIS 8272 (Tex. App.—Fort Worth November 27, 2024,
Presentation: Issues Involving the Attorney-Client Privilege and Trustees in Texas
David F. Johnson recently published another article in the Texas Tech Estate Planning and Community Property Law Journal. This article is titled: “Issues Involving the Attorney-Client Privilege and Trustees in Texas,” and addresses a trustee retaining an attorney, the scope
Texas Supreme Court Addresses Informal Fiduciary Relationships and The Fiduciary Duties Owed By Accountants
In Pitts v. Rivas, Rivas brought claims against his accountants for negligence/malpractice, fraud, breach of fiduciary duty, and breach of contract, based on alleged errors in financial statements that harmed his business. 709 S.W.3d 517 (Tex. 2025). The central legal
Court Reversed Judgment Against A Financial Advisor Due To A Lack Of Evidence Of Damages
In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.). Over several years, the account lost most of its worth,
Court Affirms Order Holding That There Was An Informal Marriage
In Thomas v. Doolittle, an independent executor of the estate of an alleged husband appealed the sufficiency of the evidence to support the trial court’s order granting appellee’s petition for declaratory judgment, holding that she and the decedent were informally
8th Circuit Vacates FTC’s “Click to Cancel Rule”
On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Click to Cancel Rule (the “Rule”), which was previously scheduled to take effect on May 14, 2025, and later postponed to