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 Holds That Purchaser Of Partnership Property Was Not Liable For Aiding And Abetting A General Partner’s Breach Of Fiduciary Duty - (Posted On Thursday, January 14, 2021)
- Court Held That The Term “Spouse” In A Trust Meant The Primary Beneficiary’s Wife At The Time Of The Trust’s Execution And Not A Subsequent Wife - (Posted On Monday, January 04, 2021)
- Court Reverses Turnover Order That Disregarded A Trust Where The Trustee Was Not A Party To The Proceeding - (Posted On Monday, January 04, 2021)
- Court Holds That Venue For Suit Over Royalties By A Trustee Was Proper Due To Statutory Venue Provision Even Though The Suit Did Not Pertain To The Trust - (Posted On Friday, December 18, 2020)
- Court Holds That Insurers Do Not Generally Owe Fiduciary Duties To Insureds - (Posted On Friday, December 18, 2020)
- Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty - (Posted On Monday, December 07, 2020)
- Use Of Equitable Defenses In Breach Of Fiduciary Duty Litigation - (Posted On Monday, December 07, 2020)
- Court Affirmed Finding That An Applicant Was Not Equitably Adopted Where There Was No Evidence Of An Agreement To Adopt The Applicant - (Posted On Wednesday, November 25, 2020)
- Court Addresses Claims Against A Trustee Arising From The Management Of A Limited Partnership Interest - (Posted On Thursday, November 19, 2020)
- Court Addressed A Shareholder Derivative Suit Against Officers And Directors For Self-Interested Transactions, Misuse Of Company Assets, And Dereliction Of Duties - (Posted On Monday, November 09, 2020)
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.