News & Analysis as of

Litigation Strategies Texas

Nelson Mullins Riley & Scarborough LLP

New Texas Law Enhances Executive Protections, Streamlines Disputes, and Expands Litigation Control

On May 14, 2025, Texas Governor Greg Abbott signed Senate Bill 29 (S.B. 29) into law, aiming to attract more entities to form in and relocate to Texas. The bill amends the Texas Business Organizations Code to enhance legal...more

Jackson Walker

Business Court of Texas Clarifies “Qualified Transaction” Jurisdiction

Jackson Walker on

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

Holland & Knight LLP

Podcast - "Ready for Trial?"

Holland & Knight LLP on

Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in...more

Baker Botts L.L.P.

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

Baker Botts L.L.P. on

Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more

Orrick, Herrington & Sutcliffe LLP

District court agrees to stay and extend CFPB military lending case

On April 1, the U.S. District Court for the Northern District of Texas granted a joint motion filed by the CFPB and the defendants, a consumer lender and its subsidiaries, in a case alleging the defendants violated the...more

King & Spalding

Comparing the Business-Focused Courts of Delaware, Texas and Nevada

King & Spalding on

Over the last year, a discussion has accelerated around Delaware’s status as the favored state of incorporation for business entities, with many ventures debating whether they should choose to incorporate in Delaware or, if...more

Segal McCambridge

The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers

Segal McCambridge on

Currently, the following 12 states require a Plaintiff to file a Certificate of Merit prior to or with a lawsuit alleging professional negligence against architects, engineers, and other licensed professionals. Certificates...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

McGinnis Lochridge on

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

Mayer Brown on

Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Zelle  LLP

Presuit Notice to Third-Party Adjuster Does Not Comply with Section 542A.003(a) of the Texas Insurance Code

Zelle LLP on

As a question of first impression, The United States District Court for the Northern District of Texas analyzed whether issuing pre-suit notice to a third-party adjuster satisfies Section 542A.003(a) of the Texas Insurance...more

Vinson & Elkins LLP

Potential Changes Ahead: Texas Supreme Court Considers Rule Amendments to Petition for Review Process

Vinson & Elkins LLP on

On February 7, 2025, Texas Supreme Court Chief Justice James D. Blacklock asked the Supreme Court Advisory Committee (the “Committee”) to “study and make recommendations on eliminat[ing] [ ] the Court’s current practice of...more

Frost Brown Todd

Legislature Takes Steps to Ensure Texas Remains the Most Business-Friendly State in the Union

Frost Brown Todd on

On February 27, 2025, Senator Bryan Hughes (R-Tyler) filed Senate Bill 29 (S.B. 29), proposing several corporate reforms designed to ensure that Texas remains the premier business-friendly jurisdiction in the nation. If...more

Oliva Gibbs

Coverting a “Fixed” to a “Floating” NPRI: What (If Anything) Does ConocoPhillips v. Hahn Add to the Conversation?

Oliva Gibbs on

In ConocoPhillips Co. v. Hahn, the Supreme Court of Texas addressed whether a “fixed” nonparticipating royalty interest (“NPRI”) was later converted to a “floating” NPRI. The court weighed two possible means of this...more

Brooks Pierce

Pennsylvania Court Refuses to Halt Enforcement of FTC’s Final Rule, Diverging From Recent Texas Court Ruling

Brooks Pierce on

On July 23, 2024 a Federal District Court in Pennsylvania denied an employer plaintiff’s efforts to temporarily halt implementation and enforcement of the FTC’s final rule banning “non-compete clauses” (the “Final Rule”). The...more

Sullivan & Worcester

Uncertainty Heightened as Two District Courts Reach Conflicting Conclusions on FTC Non-Compete Ban’s Enforceability

Sullivan & Worcester on

Just weeks after a federal court in Texas held that the Federal Trade Commission (“FTC”) exceeded its authority in issuing a rule banning nearly all non-compete agreement (and, therefore, the plaintiffs challenging that rule...more

Keating Muething & Klekamp PLL

District Court Finds in Favor of FTC, Declines to Issue Injunction

The Federal Trade Commission’s (FTC) push to invalidate non-compete agreements for millions of workers gained steam today, courtesy of a ruling out of the Eastern District of Pennsylvania. As noted by this blog, in April of...more

A&O Shearman

FTC's non-compete rule in limbo following Texas District Court’s preliminary injunction

A&O Shearman on

On July 3, 2024, the United States District Court for the Northern District of Texas (the “Court”) in Ryan LLC v. Federal Trade Commission (“Ryan”) preliminarily enjoined the U.S. Federal Trade Commission (“FTC”) from...more

Moore & Van Allen PLLC

Employers in Limbo After Ruling on FTC’s Non-Compete Ban

Moore & Van Allen PLLC on

Recent headlines implying a general a stay of the Federal Trade Commission’s non-compete rule are misleading. Here’s what employers need to know.  On April 23, 2024, the Federal Trade Commission approved a rule banning...more

McDermott Will & Emery

Texas Court Postpones FTC Noncompete Ban

McDermott Will & Emery on

On July 3, 2024, the US District Court for the Northern District of Texas stayed the September 4, 2024, implementation date (the effective date) of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete...more

Perkins Coie

Employers Left in Limbo by FTC Noncompete Decision

Perkins Coie on

In Ryan v. Federal Trade Commission, Federal District Court Judge Ada Brown released a much-anticipated preliminary injunction decision against the Federal Trade Commission (FTC) regarding its pending “Non-Compete Ban.” Case...more

ArentFox Schiff

FTC Rule Addressing Noncompete Covenants: Impact of Senior Executive Exception on Health Care Entities

ArentFox Schiff on

The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry. Because of the structural and organizational...more

Foley Hoag LLP

Federal Court Stays FTC’s Noncompete Ban, But Only for Named Plaintiffs

Foley Hoag LLP on

On July 3, 2024, Judge Ada Brown in the Northern District of Texas issued her highly anticipated decision in Ryan LLC v. FTC addressing plaintiff Ryan LLC’s motion for a preliminary injunction seeking to stay enforcement of...more

Bradley Arant Boult Cummings LLP

FTC’s Non-Compete Rule Enjoined for Now – But Only as to the Plaintiffs

On Wednesday, July 3, a Texas federal court enjoined the Federal Trade Commission’s (FTC) rule banning most noncompetes (the Noncompete Rule) and has stayed the implementation of the Noncompete Rule, but only as to the...more

Akin Gump Strauss Hauer & Feld LLP

FTC Non-Compete Ban Preliminarily Enjoined by Texas District Court

On July 3, 2024, the U.S. District Court for the Northern District of Texas enjoined the Federal Trade Commission (FTC) from enforcing and implementing its rule banning non-competes and stayed the September 4 effective date...more

Holland & Hart LLP

FTC's Noncompete Ban On Hold…For Parties Involved in Lawsuit

Holland & Hart LLP on

On July 3, 2024, a federal judge from the Northern District of Texas barred the Federal Trade Commission (“FTC”) from enforcing its Rule banning noncompete agreements and paused the Rule’s effective date of September 4, 2024....more

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