“‘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
Appellate developments rarely arrive with a single headline. More often, they show up as procedural changes, new decision-makers, and shifting court workloads — changes that quietly reshape risk, leverage, cost, and outcomes...more
In the final quarter of 2025, the Texas Business Court closed its first calendar year of operation with a full slate of notable opinions. The Business Court continued to release opinions clarifying its jurisdiction, including...more
In Preston Hollow Capital, LLC v. Truist Bank, Cause No. 25-BC01B-0030, the Texas Business Court issued a detailed opinion addressing three recurring issues in sophisticated financing disputes: (1) whether the parties’...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 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
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
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
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 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
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
On September 18, 2025, the District Courts of Harris County announced a major development: the addition of five new district courts within Harris County. This long-awaited expansion comes amid a period of momentous change and...more
If you're launching a startup in 2025, one of your first questions might be: “Where should I incorporate?” For decades, the most popular answer has been Delaware. ...more
New Section 21.373 of the Texas Business Organizations Code (“TBOC”) went into effect on September 1, 2025, providing certain publicly traded corporations with a powerful new tool to limit the ability to submit shareholder...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
A new Texas law that took effect September 1 expands the jurisdiction of the state’s business courts to include certain trade secret claims. The change is expected to result in faster and more efficient resolution of...more
With increasing competition among states to create the most business-friendly corporate legal ecosystem in the United States, private equity funds across the country are reevaluating the state of incorporation for their...more
In a recent decision out of the Texas Business Court’s Eleventh Division—Kassam v. Dosani, Cause No. 24-BC11A-0021—the court refused to let defendants fracture a complex business dispute into smaller pieces. The result? A...more
The Texas Legislature recently has taken Texas-sized steps intended to make the state a more attractive place for companies to form, reincorporate, or relocate, further advancing Texas’s efforts to rival Delaware as a...more
A recent decision from the Texas Business Court, Reed v. Rook TX, LP, centers on a dramatic claim: Jerry Reed, who “won a $7.5 million Lotto Texas jackpot in May 2023,” alleges that “his winnings would have been $95 million...more