Free Speech, Due Process and Trial by Jury
Earlier this year, a financial executive opened an AI chatbot to think through his legal exposure before calling his lawyers, then watched a federal judge hand all 31 of those documents to prosecutors.
The lesson looked clear. A Texas court has now complicated that lesson. Same conduct, two courts, opposite results. For Texas litigators, the gap between the two is worth understanding.
May was the Texas Business Court’s busiest month yet. Even with a record-setting number of decisions across the court’s divisions, the Court maintained its principled and stalwart deference to the text of the contract. The month also continued a familiar stream of jurisdictional disputes testing the Business Court’s $5 million amount-in-controversy threshold, among other jurisdictional questions.
When a federal jury in Houston hit KBR with a $71 million verdict in a trade secrets case involving processes used to manufacture polycarbonate, the engineering and construction firm’s senior counsel Kriste Sullivan didn’t flinch.
She knew the plaintiffs had taken a big gamble. And she knew she had an ace in the hole. But it wasn’t just the luck of the draw that resulted in KBR eventually completely pouring out Trinseo’s $360 million trade secrets case.
Citing that win, the Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook have honored Sullivan, KBR and the lawyers at Susman Godfrey and Bracewell the 2026 Houston Corporate Counsel Award for Business Litigation of the Year.
In this edition of Litigation Roundup, Texas follows up on its state court lawsuit against proxy advisory firm Institutional Shareholder Services with a lawsuit against Glass, Lewis & Co. in Collin County, and Gray Reed secures a complete defense win for a homebuilder client in a Tarrant County jury trial.
A Dallas jury deliberated for more than three hours after a 14-day trial in U.S. District Judge Ed Kinkeade’s courtroom before finding ExxonMobil did not have any intent to commit the fraud it was accused of. The lawsuit was filed nearly a decade ago.
In March, Harris County District Judge Tanya Garrison entered final judgment, in accordance with a jury’s verdict, in favor of Frederick Schrader. And on April 30, U.S. Magistrate Judge Sallie Kim in California entered findings of fact siding with Schrader Cellars, too. Lawyer Robert Roach has already filed notice he’d be appealing the Harris County judgment.
Following a two-week trial, a Travis County jury unanimously found a brother had breached his fiduciary duty to the business he and his sibling cofounded. Texas Disposal Systems CEO Bob Gregory and his brother Jimmy Gregory started the company in 1977 with split ownership.
In this edition of Litigation Roundup, Google gears up to defend against patent infringement claims in Midland, the battle between the Dallas Mavericks and the Dallas Stars won't be going to a jury trial, a $17 million Ponzi scheme architect from Houston goes to prison, and the Texas Supreme Court sides with a lawyer fending off claims from a dissatisfied client.
President Donald Trump made two nominations for the federal benches in Texas Monday. He nominated Kirkland & Ellis partner Kasdin Mitchell in Dallas and deputy chief of staff to Gov. Greg Abbott, Angela Colmenero, in Houston.
In the third trial in multidistrict litigation stemming from the fatal 2020 explosion in West Houston, the jury unanimously cleared 3M of negligence. The first two trials ended in verdicts against 3M, totaling about $156 million for 12 plaintiffs.
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