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January 24, 202511689200
Congratulations, James P. Sullivan
Congratulations, James P. Sullivan, on your recent appointment by Governor Greg Abbott to Justice of the Supreme Court of Texas.
March 20, 202506477000, Bill Whittehill
Texas Business Court
Texas in 2023 created a new system of specialty trial courts (the “Business Court”) to hear significant business related disputes and a special intermediate court of appeals to hear appeals from the Business Court. Legislation to create the Business Court was passed by the 88th Texas Legislative Session, which ended on May 29, 2023, and was signed on June 9, 2023 by Governor Greg Abbott. The Business Court was created by House Bill 19 (“HB 19”) as a new chapter 25A (“§ 25A.001 et seq” or “Chapter 25A”) to the Texas Government Code (the “Government Code” or “Gov. Code”) with judges to be appointed by the Governor with the consent of the Senate. A separate bill (“SB 1045”) amended § 22.201 of the Government Code to create a Fifteenth Court of Appeals (“15th Court of Appeals”) to hear appeals from the Business Court. Both HB 19 and SB 1045 became effective September 1, 2023, but became operational only for actions commenced on or after September 1, 2024, which allowed time for appointing judges, arranging facilities, retaining staff and adopting procedural rules. Cases commenced before September 1, 2024, may not be removed to the Business Court. The Business Court is initially seated in the major metropolitan areas of Texas (see map attached as Appendix A) with the expectation that the Texas Legislature will ultimately expand the Business Court for the rest of Texas. The creation of the Business Court followed a long and winding road that commenced in 2015, and has from the beginning been strongly supported by the Texas Business Law Foundation (“TBLF”). Prior efforts stalled in previous legislative sessions due largely to opposition from trial lawyer-focused organizations. HB 19, which ultimately garnered bipartisan support, addresses the growing need for specialized Texas state courts to handle complex business litigation. The Business Court is designed to handle a wide range of business disputes, including contract disputes, fiduciary duty claims, and other corporate governance issues. In creating a dedicated venue for resolving business disputes, the Legislature sought to expedite proceedings, install judges with specialized expertise, deliver more predictable outcomes for business disputes, and ultimately attract more businesses to Texas. Any challenges to the constitutionality of the Business Court will be decided by the Texas Supreme Court, which has been given exclusive and original jurisdiction over any such disputes.
October 17, 202406477000
Texas Business Courts
Texas in 2023 created a new system of specialty trial courts (“Business Courts”) to hear significant business related disputes and a special intermediate court of appeals to hear appeals from Business Courts. Legislation to create such courts was passed by the 88th Texas Legislative Session which ended on May 29, 2023 and was signed on June 9, 2023 by Governor Greg Abbott. The Business Courts were created by House Bill 19 (“HB 19”)1 as a new chapter 25A (“§ 25A.001 et seq” or “Chapter 25A”) to the Texas Government Code (the “Government Code” or “Gov. Code”) with judges to be appointed by the Governor with the consent of the Senate. A separate bill (“SB 1045”) amended § 22.201 of the Government Code to create a Fifteenth Court of Appeals (“15th Court of Appeals”) to hear appeals from Business Courts. Both HB 19 and SB 1045 became effective September 1, 2023, but became operational only for actions commenced on or after September 1, 2024 to allow time for the appointment and confirmation of their judges and adopt procedural rules for the operation of the courts.
October 15, 2011Steven D. Moore
Nexus and State Tax Due Diligence
The basic premise for this paper is that more scrutiny is being put on (i) registration to do business requirements and (ii) state tax “nexus” standards than ever before.