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 Granted Mandamus Relief To Vacate A Temporary Restraining Order In A Fiduciary Case - (Posted On Wednesday, June 14, 2023)
- Court Affirmed a Judgment That a Will Was Invalid Due to Mental Incapacity - (Posted On Thursday, June 01, 2023)
- Court Discusses Holding An Executor In Contempt For Commingling Property - (Posted On Monday, May 15, 2023)
- Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property - (Posted On Monday, May 15, 2023)
- Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not Impact Trust And Estate Disputes - (Posted On Friday, May 05, 2023)
- Court Reversed the Appointment of a Successor Independent Administrator of an Estate - (Posted On Monday, May 01, 2023)
- Texas Supreme Court Affirms The Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims And Discusses the “Full Knowledge” Requirement For Enforcing Releases In Fiduciary Relationships - (Posted On Monday, March 27, 2023)
- Court Affirmed The Decision To Not Probate A Copy Of A Lost Will - (Posted On Monday, March 20, 2023)
- Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property - (Posted On Friday, March 10, 2023)
- Appellate Court Affirmed An Order Denying A Beneficiary’s Request For Injunctive Relief To Require A Trustee To Reimburse The Trust For Attorney’s Fees Spent Defending Breach Of Fiduciary Duty Claims - (Posted On Wednesday, March 01, 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.