The law of trusts originated in equity to evade the constraints of common law; it was a part of property law in which one person held legal title to assets and another held equitable title. The person holding legal title [*270]…
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/ Wills, Trusts, & Estate Planning
In the ever-morphing world of Retail Leasing, co-tenancy clauses often become the focus of negotiation—and a frequent flashpoint of disputes. Designed to protect tenants from being left vulnerable when shopping centers lose key…
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/ Commercial Law & Contracts, Real Estate - Commercial
In Pitts v. Rivas, Rivas brought claims against his accountants for negligence/malpractice, fraud, breach of fiduciary duty, and breach of contract, based on alleged errors in financial statements that harmed his business. 709…
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/ Business Torts, Commercial Law & Contracts, Professional Malpractice
On July 18, 2025, the Texas Third Court of Appeals in Austin dismissed a constitutional challenge to the Texas Regulatory Consistency Act (the “Act”) on standing grounds, declining to address whether the Act’s sweeping…
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/ Civil Procedure, Conflict of Laws, Constitutional Law
Selling a business is a rigorous, time-intensive, emotional, and costly process. Business sellers are often navigating this process for the first, and only, time. This guide is designed to help ready sellers with the sale…
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/ Business Organizations, Mergers & Acquisitions
In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)…
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/ Civil Procedure, Civil Remedies, Finance & Banking, Professional Malpractice
In Thomas v. Doolittle, an independent executor of the estate of an alleged husband appealed the sufficiency of the evidence to support the trial court’s order granting appellee’s petition for declaratory judgment, holding that…
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/ Civil Procedure, Family Law, Wills, Trusts, & Estate Planning
The 2025 Texas Legislative Regular Session has wrapped up, introducing new laws that will directly affect real estate investors and developers starting September 1, 2025. Winstead continued its long-standing commitment to…
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/ Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use
On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Click to Cancel Rule (the “Rule”), which was previously scheduled to take effect on May 14, 2025, and later…
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/ Antitrust & Trade Regulation, Consumer Protection
Constructing a hotel is a complex endeavor that requires meticulous planning and execution to meet the expectations of both the developer and the flag. One of the critical aspects of this process is ensuring that the…
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/ Commercial Law & Contracts, Construction Law, Franchise Law
In 2023, the Securities and Exchange Commission (the “SEC”) adopted amendments and issued guidance to modernize the rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of…
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/ Business Organizations, Securities Law
Join us for a live webinar as Winstead attorney Teddy Holtz discusses new laws passed in the 2025 Texas Legislative Session. We will summarize important changes impacting Texas Homeowners' Associations and Condominium Owners'…
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/ Real Estate - Residential
Senate Bill No. 17 becomes law on September 1, 2025.
On June 20, 2025, Governor Abbott signed Senate Bill No. 17 to prohibit the purchase or acquisition of interests in real property by individuals domiciled in and…
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/ Business Organizations, International Law & Trade, Real Estate - Commercial
In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’…
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/ Civil Procedure, Wills, Trusts, & Estate Planning
In In re Estate of Earnest E. Clifton, an applicant offered a copy of a lost will, and the trial court denied the application via a zoom hearing without a court reporter. No. 05-24-00079-CV, 2024 Tex. App. LEXIS 7071 (Tex…
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/ Civil Procedure, Wills, Trusts, & Estate Planning
