Texas Business Courts
Jackson Walker has a team of attorneys with extensive experience in handling complex business litigation, which aligns with the specialized nature of the Texas Business Courts. Our attorneys are well-versed in the types of cases that fall under the jurisdiction of these courts, including contract disputes, fiduciary duty claims, and corporate governance issues.
The Texas Business Courts represent a significant development in the state’s judicial system, specifically designed to handle complex business disputes. These specialized courts are designed to handle complex commercial disputes, including contract disputes, fiduciary duty claims, and other corporate governance issues. The legislation was signed into law by Governor Greg Abbott on June 9, 2023, and the courts became operational for lawsuits commenced after September 1, 2024.
Services Offered
Litigation and Dispute Resolution: Jackson Walker has the resources and experience to represent clients in initiating or defending actions within the Texas Business Courts. This includes filing initial complaints, preparing legal briefs to transfer cases filed in Texas district court to the Texas Business Courts, and managing all aspects of litigation from discovery to trial.
Advisory Services: The firm can provide strategic advice on whether a particular dispute is suitable for the Texas Business Courts, considering the jurisdictional requirements and the nature of the claims involved. This includes advising on the potential benefits of having a case heard in these specialized courts.
Forum Selection Clauses: Jackson Walker assists clients in drafting and incorporating forum selection clauses in their contracts and governing documents to ensure that any future disputes are resolved in the Texas Business Courts. This proactive measure provides clients with a predictable and efficient forum for resolving business disputes.
Appeals: The firm is also prepared to handle appeals from the Texas Business Courts to the Fifteenth Court of Appeals, leveraging our appellate expertise to advocate for clients’ interests effectively.
Texas Business Court Enforces Noncompete—But Rejects Trade Secret and Nonsolicitation Claims
By Chris Bankler
In Galderma Laboratories, L.P. v. Brenner, Cause No. 26-BC08B-0003 (Tex. Bus. Ct., Mar. 12, 2026), Judge Stagner addressed a familiar scenario in business litigation: a senior executive leaves and immediately joins a direct competitor.
Insights • March 20, 2026
Texas Business Court Finds Jurisdiction Over Employee-Raid Case Based on Managerial-Official Allegations and Intellectual-Property Nexus
By Chris Bankler
In Alamo Title Company v. WFG National Title Company of Texas, LLC, the Texas Business Court denied a motion to remand and held that the dispute fell within the court’s jurisdiction under Chapter 25A. The opinion offers a detailed discussion of the Texas Business Court’s topical jurisdiction provisions, concluding that the lawsuit satisfied the statute through two independent pathways.
Insights • March 20, 2026
Byron Egan Featured in The Texas Lawbook on ExxonMobil’s Move to Texas
Jackson Walker partner Byron F. Egan was featured in The Texas Lawbook discussing ExxonMobil’s announcement that its board will seek shareholder approval to redomicile the company from New Jersey to Texas.
Mentions • March 11, 2026
Texas Business Court Confirms Arbitration Award and Emphasizes Limited Judicial Review
By Chris Bankler
The Texas Business Court continues to develop its role in resolving disputes arising out of arbitration proceedings. In BNSF Railway Co. v. Level 3 Communications, LLC, Judge Bouressa denied an application to vacate an arbitration award and granted a counter-application to confirm the award following a bench trial.
Insights • March 11, 2026
Texas Business Court Clarifies Pleading Standards for Responsible Third Parties
By Chris Bankler
This opinion is a useful guide for trial lawyers litigating responsible third party (RTP) designations under Chapter 33. Judge Whitehill draws an important distinction between liability and responsibility, clarifies the meaning of “harm” in § 33.011(6), and explains what a motion must plead to satisfy Texas’s notice-pleading standard.
Insights • February 24, 2026
Texas Business Court Rejects LLC Membership Claim, Finds Oral Partnership Indefinite, and Bars Claims on Limitations
By Chris Bankler
In a Rule 166 opinion, Judge Andrea K. Bouressa resolved core business-law issues as a matter of law: LLC membership under the Texas Business Organizations Code, definiteness of an alleged oral partnership, and limitations on fraud and unjust-enrichment claims. The Court entered partial judgment before trial.
Insights • February 24, 2026
Texas Business Court Enforces Punitive-Damages Waiver and Clarifies Post-Resignation Trustee Duties
By Chris Bankler
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’ contract that barred punitive damages was enforceable, (2) whether such a waiver in one transaction document applies across a multi-document financing, and (3) what fiduciary duties—if any—survive a trustee’s resignation.
Insights • January 21, 2026
Texas Supreme Court Reinforces Limits on Individual Shareholder Claims
By Chris Bankler
The Texas Supreme Court issued a significant clarification on when shareholders may sue individually rather than derivatively for breach of fiduciary duty. In its opinion issued on November 14, 2025, in In re UMTH General Services, L.P., the Texas Supreme Court resoundingly rejected efforts by shareholders to transform fiduciary duties owed to the company into individual shareholder claims for breach of fiduciary duty.
Insights • November 18, 2025
Q: What are the Texas Business Courts?
A: The Texas Business Courts are a new system of specialty trial courts established to handle complex business disputes. The Texas Legislature created the courts through House Bill 19 (HB 19) and Senate Bill 1045 (SB 1045) and became operational for actions commenced on or after September 1, 2024.
Q: Where are the Texas Business Courts located?
A: Initially, the Texas Business Courts are established in major metropolitan areas, including Dallas, Austin, San Antonio, Fort Worth, and Houston. There are plans to expand to other regions in the future.
Q: What types of cases do the Texas Business Courts handle?
A: The Texas Business Courts handle a wide range of business disputes, including contract disputes, fiduciary duty claims, corporate governance issues, derivative proceedings, and securities claims. The courts have jurisdiction over cases where the amount in controversy exceeds $5 million or $10 million, depending on the nature of the case.
Q: Are there any cases that the Texas Business Courts do not handle?
A: Yes, the Texas Business Courts do not have jurisdiction over health care liability claims, claims for bodily injury or death, legal malpractice claims, and certain other specified claims such as those involving consumer transactions or insurance policies.
Q: Can cases be transferred to the Texas Business Courts from other courts?
A: Yes, cases that meet the jurisdictional criteria can be transferred to the Texas Business Courts from other Texas trial courts. There are specific procedures for filing cases directly in the Business Courts or moving cases from other courts.
Q: Are jury trials available in the Texas Business Courts?
A: Yes, parties in actions pending in the Business Courts have the right to a trial by jury when required by the constitution.
Q: Who appoints the judges for the Texas Business Courts?
A: Judges for the Texas Business Courts are appointed by the Governor of Texas with the advice and consent of the Senate. Judges are appointed for an initial term of two years and may be reappointed.
Q: How are appeals from the Texas Business Courts handled?
A: Appeals from the Texas Business Courts are heard by the newly created Fifteenth Court of Appeals, which has exclusive intermediate jurisdiction over such matters. This court is in Austin, Texas, and initially comprises a chief justice and four other justices.
Q: Will the Texas Business Courts issue written opinions?
A: Yes, judges in the Texas Business Courts are expected to issue written opinions explaining their decisions. This practice aims to enhance the predictability of legal issues and provide concrete guidance on corporate governance, fiduciary duties, and business transactions.
Q: Are there any special procedures for the Texas Business Courts?
A: Yes, the Texas Business Courts are creating streamlined procedures and enhanced case management techniques tailored to the unique needs of commercial litigation.
