Winstead, in its Texas Fiduciary Litigator Blog, has made available for download its article “Litigating Self-Interested Transactions Involving Fiduciaries,” which discusses David Fowler Johnson’s paper on stipulations common to litigating self-interested transactions. The article begins as follows:
David F. Johnson presented his paper “Litigating Self-Interested Transactions Involving Fiduciaries” to the State Bar of Texas’s Fiduciary Litigation Course on December 2-3, 2021, in San Antonio, Texas. This presentation discussed a fiduciary’s duty of loyalty, the right to compensation and other benefits, the concept of self-interested transactions, the presumption of unfairness that attaches to self-interested transactions, the factors that fiduciaries must meet to prove the fairness, and procedural issues (in summary judgment proceedings and at trial) in litigating the presumption. David was also the course director for the Fiduciary Litigation Course, which had great attendance.
To see the full article, click: “Presentation: Litigating Self-Interested Transactions Involving Fiduciaries.”
Posted by Bennett Mansour, Associate Editor, Wealth Strategies Journal.