Texas

To litigate or legislate? The Texas approach to building corporate law

Litigation Daily

When I started thinking about what to write about the one-year anniversary of Texas launching its business courts, two things struck me.

One, despite knowing what’s going on in Texas now being a sizable chunk of my job, I’ve never actually been there (unless you count the time American Airlines changed my flight schedule to include a some-expenses-paid overnight layover in a hotel just outside DFW).

Two, I can’t help but compare the conversation about how Texas’ legislature interacts with its business courts to what we’ve seen and heard this year out of Delaware. The central question in both venues is how much say legislators should have in shaping business law, and how much should be left to the courts.

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Texas updated its business code. Here’s what corporate litigators still want to know.

Law.com

Since the Texas Legislature established new business courts, attorneys with an eye on corporate governance litigation have sought more information about how those courts might differ from or align with Delaware’s Court of Chancery and other states when it comes to an array of issues including procedure and standing.

While some answers have come from the bench in the first 10 months of the business courts’ operation, more questions were answered this year in the form of Texas Senate Bill 29, which delineated several ways corporate litigation in Texas compares to litigation in other jurisdictions.

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Even with new business courts, Texas is a long way from taking Delaware’s corporate law mantle

Delaware Business Court Insider

Texas has a new system of business courts up and running on the heels of an ongoing conversation about Delaware’s corporate primacy.

While Texas attorneys have been upfront with their hope that the state’s newest courts will help raise Texas’ corporate law to Delaware’s level, corporate attorneys across the country are all but unanimous: Delaware remains the champ, and that’s not changing, at least not any time soon.

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Here’s what Texas attorneys are expecting from the state’s new business courts

Delaware Business Court Insider

The first handful of cases have been filed in Texas’ business courts, and Texas attorneys are looking forward to seeing how their dockets continue to unfold.

Many are optimistic about the courts’ potential but expect it will take at least a year to build up the jurisprudence that could make them a reliable venue for business litigation.

Continue reading here.