Ben Barnes & Nick Brown

Legislature’s Expansion of the Business Court Proves Lone Star State’s Commitment to Commercial Justice

Nine months ago, skeptics questioned whether Texas’ ambitious new business court would survive infancy. The specialized tribunal, which began operations Sept. 1, 2024, faced early criticism over its narrow jurisdiction, steep amount in controversy requirements and procedural uncertainties — all of which threatened to limit the court’s effectiveness as a forum for many business disputes. The Texas Legislature has now resolved many of these doubts and doubled down on its judicial innovation. On June 1 — in the final hour of the final day of the legislative session — the Legislature passed House Bill 40 with significant support, considerably expanding the Texas Business Court’s jurisdiction. The law demonstrates Texas’ commitment to position itself as the premier destination for business litigation.

June 24, 2025 Ben Barnes & Nick Brown

Texas Business Court Countdown: Time to Update Your Forum Selection Clause?

Many litigants feel that Sept. 1 can’t come fast enough, and with it the promise to usher in a new era for high-stakes Texas commercial litigation. But others are quick to caution that, for all the anticipation, plenty of open questions remain. One way or another, every lawyer advising on a new contract that potentially qualifies for dispute resolution in the business court may confront the same question: Should we push for a forum selection clause that preemptively agrees to have new disputes heard in the new court?

June 24, 2024 Ben Barnes & Nick Brown

Countdown to Business Courts: Six Must-Know Rules 

The Texas Supreme Court has proposed the first set of procedural rules that will apply in the business court, bringing clearer focus to the business court vision. Commercial trial lawyers should now be better positioned to advise their clients on the particulars of this new forum.

April 15, 2024 Ben Barnes & Nick Brown