“‘DExit’ or Just Drama? The Future of Delaware and ‘Y’all Street’”
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
In recent years, defendants in data breach class action lawsuits filed in the state courts in North Carolina have succeeded in designating these disputes to the North Carolina Business Court. The Business Court has accepted...more
The Texas Business Court has made it clear that in order to satisfy its amount in controversy jurisdictional threshold when only unpaid royalties are sought under a breach of contract claim, the amount in...more
In Ameriguard Security Services, Inc. & Garcia v. Anderson, et al., Judge Maria Gall of Nevada’s Eighth Judicial District’s Business Court found that absent fraud or manifest error, the certified stockholder list maintained...more
In the fallout from Winter Storm Uri, Courts continue to clarify the meaning of key provisions in NAESB natural gas contracts. For decades, the check-the-box NAESB terms such as cover standards, payment methods, and force...more
Drue Moore was co-founder of a company at the center of today’s high-finance college coaching carousel. Defendant Winthrop Intelligence, LLC used public records to aggregate university data, including coaching salaries, and...more
We focus a lot at the blog on ways in which the Business Court sets the boundaries for conduct of business within the State to provide a more settled landscape for companies to assess risks and opportunities. There are...more
In one of the first written opinions from the Texas Business Court interpreting Texas contract law, City Choice Group, LLC v. TMC Grand Blvd Land Company, LLC (“City Choice”), the Court’s analysis offers early insight into...more
The 2025 Texas legislative session introduced significant reforms impacting business litigation, corporate governance, and court procedures statewide. From expanding the Texas Business Court’s jurisdiction to updating the...more
Kilpatrick’s Dustin Green and Whitney Pakalka recently presented a CLE seminar providing a “2025 North Carolina Business Court Update.” The presentation provided an in-depth discussion of the North Carolina Business Court’s...more
In Marathon Oil Co. v. Mercuria Energy America, LLC, the Texas Business Court (11th Division) considered a North American Energy Standards Board (NAESB) contract to buy and sell natural gas. With three opinions to discuss,...more
Businesses that face complex disputes in North Carolina should prepare for significant changes to the Business Court designation process starting December 1, 2025, including renewed opportunities to get their cases before the...more
While Delaware's Court of Chancery tends to get all the headlines, the rest of the U.S. boasts a robust collection of localized business courts, where corporate disputes are regularly decided. This Law360 Expert Analysis...more
The Texas Business Court continues to show it will enforce statutory limits on entity liability and scrutinize early pleadings under Rule 91a. Judge Brian Stagner’s opinion in Lensabl hits three issues that frequently arise:...more
In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas...more
Akin is excited to announce the launch of our three-part, limited series podcast, The Business Court Benches: Delaware and Texas Compared. This topical series, co-hosted by Akin litigation partners Scott Barnard and Stephanie...more
The U.S. government shutdown is now in its fourth week, and the funding standoff is now impacting federal courts. The Administrative Office of the U.S. Courts has confirmed that, as of October 20, the courts no longer...more
At first glance, SB 632 resembles Texas House Bill 19 (HB 19), the 2023 law establishing the Texas Business Court. But differences in the Texas Constitution likely provide stronger legal protection for Texas’ new system,...more
Thinking about where to incorporate your company? While Delaware has long been the go-to choice for startups formed as corporations in the US, we’ve observed that recent changes in the legal landscape and statements by public...more
The North Carolina Business Court recently issued an opinion in Carolina Medical Partners, PLLC v. Shah. The case involves a flurry of litigation arising out of the breakup of a medical practice and allegations of impropriety...more
The Texas Business Court is quickly establishing itself as a venue where commercial sophistication is both expected and enforced. In Riverside Strategic Capital Fund I v. CLG Investments, Judge Bill Whitehill granted summary...more
Why is the majority of Fortune 500 companies incorporated in the state of Delaware? Why are more than 75% of all new initial public offerings in the United States done by companies incorporated in Delaware? Why is Delaware...more
In the third quarter of 2025, the Texas Business Court has continued to release opinions that impact businesses operating in Texas and beyond. Many of the opinions to date have addressed novel jurisdictional issues attendant...more
The Texas Business Court recently reaffirmed that pleading damages “in an amount of not less than” the applicable, required amount in controversy ($5 million or $10 million) without including specific factual allegations...more
Texas is in the spotlight after several companies chose to move their legal home from Delaware to Texas. In 2025, Texas overhauled the Texas Business Organizations Code (the TBOC) to make the state more attractive for...more
In a mobile economy, with company executives and key employees working far afield from their company’s homes and interests, the often-tricky business of personal jurisdiction has taken on new layers of complexity. In Shively...more