Insights Search

Delaware may still be the gold standard for corporate law, but the Lone Star State is stepping up. In this episode of Bite-Sized Business Law from Fordham Law Corporate Law Center, Michael Holmes explores how Texas is positioning itself as a serious alternative for corporate litigation and incorporation, as companies increasingly reconsider Delaware. Michael explains how recent legislative changes like SB21 have opened the door for states like Texas to compete, and how Texas is responding with its own business court system. He outlines key structural differences, including jurisdictional thresholds, term limits for judges, and early-stage rulings on director disinterestedness.

Lithium continues to be a rising star of the natural resources world, and Texas is working to stay on top of the legal issues related to the extraction of lithium from produced water and brine.

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 requesting merits briefing before deciding a petition for review.”¹ The Court further requested that the Committee “propose draft rule amendments accomplishing this objective.”² Given the Court’s stated objective of eliminating the current practice, these changes appear likely on the horizon. This rule change could significantly impact appellate practice in Texas, and practitioners and parties should stay informed and prepared for these developments.

On June 23, 2023, the Texas Supreme Court issued a decision embracing the rule that an investor can engage in customary investment practices without becoming liable for torts committed by a portfolio company.