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 stateâs 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 clientsâ interests effectively.
January 9, 2025
Insights
The Business Court of Texas Issues Key Opinions on Jurisdiction
By Chris Bankler
The Business Court of Texas, established on September 1, 2024, has issued its first round of major opinions. These rulings, authored by judges across its divisions, largely address jurisdictional questions stemming from the Business Courtâs enabling legislation.
October 11, 2024
Speaking Engagements
Byron Egan to Discuss the Texas Business Courts at Director-Executive Summit
Jackson Walker Dallas partner Byron F. Egan will be a featured panelist at the inaugural Director-Executive Summit hosted by The University of Texas School of Law and McCombs School of Business on November 14-15, 2024.
July 29, 2024
Mentions
Byron Egan Quoted in âFinancial Timesâ About Texas Business Courts
Jackson Walker partner Byron F. Egan was featured in a Financial Times article discussing Texas Business Courts, highlighting Texas’s success in attracting businesses through lower taxes and regulations.
June 11, 2024
Mentions
Byron Egan Featured in âThe Texas Lawbookâ Discussing the New Business Court
Jackson Walker partner Byron F. Egan, who was instrumental in the legislation to create the courts, discussed with The Texas Lawbook the importance of transactional lawyers in the new courts with the expertise to handle complex cases involving shareholder disputes, securities claims, and governance issues.
September 11, 2023
Speaking Engagements
Larry Glasgow to Co-Chair 19th Annual UT School of Law Mergers and Acquisitions Institute; Byron Egan to Present on âTexas Business Courtsâ
Jackson Walker partner Larry E. Glasgow will Co-Chair The University of Texas School of Lawâs 19th Annual Mergers and Acquisitions Institute, recognized as the preeminent private M&A conference in the United States. In addition, Jackson Walker partner Byron F. Egan will be a featured speaker during the Luncheon Presentation sponsored by the firm on Thursday, October 5, 2023.
June 9, 2023
Insights
Texas Legislature Creates the Business Court of Texas and Companion Court of Appeals
In new legislation signed on June 9, 2023, by Governor Abbott, Texas has revamped its Court system for resolving business disputes with the creation of new trial and appellate courts with judges to be appointed by the governor with the consent of the Senate. The new law will be effective September 1, 2023, but will apply only to actions commenced on or after September 1, 2024.
By Chris Bankler and Byron Egan
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.
