David maintains an active trial and appellate practice and has consistently worked on financial institution litigation matters throughout his career. David is the primary author of the Texas Fiduciary Litigator blog, which reports on legal cases and issues impacting the fiduciary field in Texas.
David's financial institution experience includes (but is not limited to): breach of contract, foreclosure litigation, lender liability, receivership and injunction remedies upon default, non-recourse and other real estate lending, class action, RICO actions, usury, various tort causes of action, breach of fiduciary duty claims, and preference and other related claims raised by receivers.
David also has experience in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty and related claims, and accountings. David's recent trial experience includes:
- Representing a bank in federal class action suit where trust beneficiaries challenged whether the bank was the authorized trustee of over 220 trusts;
- Representing a bank in state court regarding claims that it mismanaged oil and gas assets;
- Representing a bank who filed suit in probate court to modify three trusts to remove a charitable beneficiary that had substantially changed operations;
- Represented an individual executor of an estate against claims raised by a beneficiary for breach of fiduciary duty and an accounting; and
- Represented an individual trustee against claims raised by a beneficiary for breach of fiduciary duty, mental competence of the settlor, and undue influence.
David is one of twenty attorneys in the state (of the 84,000 licensed) that has the triple Board Certification in Civil Trial Law, Civil Appellate and Personal Injury Trial Law by the Texas Board of Legal Specialization.
Additionally, David is a member of the Civil Trial Law Commission of the Texas Board of Legal Specialization. This commission writes and grades the exam for new applicants for civil trial law certification.
More Legal and Business Bylines From David Fowler Johnson
- Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief - (Posted On Tuesday, October 10, 2023)
- Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will - (Posted On Monday, October 02, 2023)
- Court Holds That an Order Was Not Final for Appeal Where There Was Still an Issue of Intestancy Remaining to Be Determined - (Posted On Monday, September 11, 2023)
- Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee - (Posted On Wednesday, September 06, 2023)
- Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty - (Posted On Sunday, August 27, 2023)
- Court Affirms Order Voiding Marriage Between Decedent And His Niece - (Posted On Sunday, August 27, 2023)
- Court Affirmed Temporary Injunction Precluding a Surviving Spouse from Acting as Trustee of a Trust - (Posted On Tuesday, August 15, 2023)
- Court Of Appeals Affirmed Findings of Breach of Fiduciary Duty Against Wife in Divorce Proceeding - (Posted On Tuesday, August 15, 2023)
- Texas Supreme Court Holds That Law Firm Could Not Redeem A Departing Partner’s Shares For No Value Under The Parties’ Shareholder Agreement - (Posted On Wednesday, June 28, 2023)
- Federal Court Denies Summary Judgment On Breach Of Fiduciary Duty Claim Against Former Employee - (Posted On Monday, June 19, 2023)
The National Law Review names David Fowler Johnson of Winstead PC a Go-To Thought Leader in the field of estates and trusts. Mr. Johnson authored the 2022 article “Texas Passes A New Law To Punish Elder Financial Abuse,” detailing at-length the Texas Legislature’s new criminalization of financial abuse of the elderly, which saw significant increases in 2021 and 2022. The article reached a considerable audience this year, and demonstrates the very high quality of Mr. Johnson’s thought leadership.
David Fowler Johnson is a National Law Review Go-To Thought Leader for his analysis of fiduciary law including trust administration, breach of fiduciary duties in estate administration, shareholder derivative suits, directors and officers liability, duties of co-trustees, receivership, and related topics. Mr. Johnson’s knowledge of the Texas Supreme Court and various Texas intermediate appellate courts as well as with the U.S. Supreme Court and other federal courts lends his thought leadership an authentic quality based on years of trial experience.