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.
Latest Legal and Business Bylines From David Fowler Johnson
- Relative Had Standing To Assert Slayer Statute And Declaration Regarding Rights To Insurance Proceeds Over Victim’s Estate - (Posted On Friday, August 20, 2021)
- Business Divorce: Court Affirms Jury Finding That A Manager Did Not Breach Her Fiduciary Duties - (Posted On Thursday, July 29, 2021)
- Wife’s Fraudulent Transfer Claim Against Husband For Transferring Business Interests To Trust Failed Due To The Statute Of Repose - (Posted On Wednesday, June 30, 2021)
- Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets - (Posted On Tuesday, June 29, 2021)
- Business Divorce: Exiting Member of LLC May Still Owe Fiduciary Duties - (Posted On Wednesday, June 16, 2021)
- Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims - (Posted On Wednesday, June 16, 2021)
- Court Reversed Temporary Injunction Against Co-Trustees - (Posted On Wednesday, June 09, 2021)
- Texas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The Will - (Posted On Friday, May 28, 2021)
- Texas Legislature Extends The Rule Against Perpetuities To 300 Years For Trusts - (Posted On Thursday, May 27, 2021)
- Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court’s Personal Jurisdiction - (Posted On Monday, May 17, 2021)
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.