ArticleInsurance Broker Does Not Ordinarily Owe Fiduciary Duties To A ClientThe First Amended Complaint sets forth bare assertions, and nothing more, that a fiduciary relationship existed between HISD and Gallagher.United StatesLitigation, Mediation & ArbitrationWinstead PC
ArticleMixed-Use And The Lead Unit Approach: I Can Do This Better Than YouIn a typical condominium regime, the maintenance of each unit is performed by the unit owner, and the maintenance of certain shared components or facilities (i.e., common elements) is performed by the condominium association.United StatesReal Estate and ConstructionWinstead PC
ArticleWife's Fraudulent Transfer Claim Against Husband For Transferring Business Interests To Trust Failed Due To The Statute Of ReposeIn Austin v. Mitchell, a wife filed suit alleging her ex-husband fraudulently transferred a portion of his limited partnership interest in a family limited partnership to a trust for the benefit of his children.United StatesCriminal LawWinstead PC
ArticleTexas Senate Approves NIL Legislation To Keep Up With Other States In NIL Arms RaceOn May 28, 2021, the Texas State Senate approved Senate Bill 1385 on name, image, and likeness (NIL) law by a 28-2 vote. United StatesMedia, Telecoms, IT, EntertainmentWinstead PC
ArticleParking In Commercial Or Mixed-Use Condominium Projects: Common Elements Or Unit? (Texas Edit)In a commercial or mixed-use condominium project, parking is a hot commodity (at least for the near to mid-term future). United StatesReal Estate and ConstructionWinstead PC
ArticleSupreme Court Splits Decisions On Vaccine MandatesAs more fully discussed in the in-depth summary by our colleague, Taylor White, the U.S. Supreme Court blocked the OSHA emergency standard mandating vaccines in the American workplace.United StatesEmployment and HRWinstead PC
ArticleCourt Holds That Promissory Note Did Not Allow Partial Conversion To EquityIn Hotze v. In Mgmt., LLC, family members sued each other over control of a family business. No. 14-18-00995-CV, 2021 Tex. App. LEXIS 5821 (Tex. App.—Houston [14th Dist.] July 22, 2021, no pet. history).United StatesFinance and BankingWinstead PC
ArticleCourt Reversed Temporary Injunction Against Co-TrusteesIn Marshall v. Marshall, a beneficiary sued the original trustee and five co-trustees of two trusts regarding claims that they breached fiduciary duties.United StatesLitigation, Mediation & ArbitrationWinstead PC
ArticleTexas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber RightsIn JPMorgan Chase Bank, N.A. v. Campbell, a member of a limited partnership sued other partners, including a trustee of a trust, to dissolve the partnership. No. 09-20-00161-CV, 2021 Tex. App.United StatesLitigation, Mediation & ArbitrationWinstead PC
ArticleTax Proposals Of The House Ways And Means Committee: Reconciliation Bill To Target Trusts, Estates, And The WealthyOn Sunday, September 12, 2021, the House Ways & Means Committee (the "Committee") released draft legislation as part of Congress' ongoing $3.5 trillion budget reconciliation process.United StatesTaxWinstead PC
ArticleSEC Settles Municipal Bond Fraud Case Against Texas School District And Former CFO, And Suspends External AuditorOn March 16, the SEC filed a municipal bond fraud case against Crosby Independent School District and its former CFO in a $20 million bond offering.[1] Crosby is a suburb of Houston, Texas.United StatesCorporate/Commercial LawWinstead PC
ArticleHouston Appeals Court Reminds Employers Why They Should Review The Enforceability Of Their Non-Compete Agreements With EmployeesHouston's Fourteenth Court of Appeals recently held that a claim for attorney's fees under the Uniform Declaratory Judgments Act ("UDJA") is not preempted by the Texas Covenants Not to Compete Act...United StatesEmployment and HRWinstead PC
ArticleSustainable Governance: Responding To Changed CircumstancesA planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project.United StatesReal Estate and ConstructionWinstead PC
ArticleProperty Insurance For Condominium CommunitiesSection 66-27-413 of the Tennessee Condominium Act includes specific requirements for insurance obtained by the condominium association for condominium regimes.United StatesInsuranceWinstead PC
ArticleCourt Holds That Trust Owned Mineral Interests And Not The Settlor's WifeThe decedent's children were the trustees of a trust that was the residuary beneficiary of the decedent's will.United StatesLitigation, Mediation & ArbitrationWinstead PC
ArticleTexas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The WillIn In the Estate of Johnson, a child of the decedent accepted over $143,000 from the decedent's estate and then decided to challenge the will due to mental capacity and undue influence.United StatesLitigation, Mediation & ArbitrationWinstead PC
Article5 Things Your Governance Documents Should Contain, And Probably Don'tThe Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community.United StatesReal Estate and ConstructionWinstead PC
ArticleParking In Commercial Or Mixed-Use Condominium Projects: Common Elements Or Unit?In a commercial or mixed-use condominium project, parking is a hot commodity.United StatesReal Estate and ConstructionWinstead PC
ArticleUpdate - Tax Proposals Of The House Ways And Means Committee: Reconciliation Bill To Target Trusts, Estates, And The WealthyLast month, the House Ways & Means Committee (the "Committee") approved draft legislation (the "Legislation") as part of Congress' ongoing $3.5 trillion budget reconciliation process. United StatesTaxWinstead PC
ArticleCourt Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company's AssetsThe trial court granted summary judgment for the defendants, and the plaintiff appealed.United StatesCorporate/Commercial LawWinstead PC