“‘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
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 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
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
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
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
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
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
When something goes wrong with your contract or business deal, where do you go to enforce your rights? The rise of business courts reflects growing competition between states to offer efficient forums that meet the needs of...more
On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more
As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the...more
In its May 22, 2025, memorandum opinion, the Business Court of Texas dismissed all claims against Christopher Doyle (PEC’s CEO) and certain Blackstone-affiliated entities. The Court held that § 13.9 of the Third Amended...more
As an update to Vinson & Elkins’ prior coverage of House Bill 40 (“H.B. 40”)—new legislation that expands the jurisdiction and operations of the recently opened Texas business courts—both houses of the Texas Legislature...more
The Business Court of Texas’ recent opinion in Atlas IDF, LP v. NexPoint Real Estate Partners, LLC offers important guidance on the meaning of a “qualified transaction” under Texas Government Code Chapter 25A and the...more
The Texas Business Court is a statewide, specialized trial court created to resolve certain complex business disputes. Five of the planned eleven divisions began operating September 1, 2024, with two appointed judges in each...more
Texas has joined more than two dozen other U.S. states in creating a court system to handle certain business disputes. Companies with cases in the new Texas Business Court will appear before appointed judges with expertise in...more
A business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay Vodka had sufficient contacts with the state...more
It is hard to base your case on a breach of fiduciary duty when there is a contract in place between the parties. Contracting parties owe no special duties to each other beyond the terms of the contract. ...more
You've probably never had to decide what it means to agree to arbitrate. Usually, there is a written provision that references the AAA Rules and includes a consent to AAA's procedures as to the appointment of the...more
You most likely have heard of the Oxford Comma. It is also referred to as the "serial comma." If you are not familiar with this literary device, it is a comma placed before the word "and" or another conjunction (like or or...more
This past Friday, I went to a seminar put on by the Antitrust and Complex Business Disputes Law Section of the North Carolina Bar Association in an almost successful effort to finish getting my required CLE hours for 2014. ...more