Texas Business Court is a Bold Experiment in Corporate Governance
What happened: The Texas Business Court is redefining corporate litigation with a focus on efficiency, innovation and attracting high-profile business disputes. Read more
Remind me: The court was established to address high-dollar, complex business-to-business cases, providing faster rulings and specialized expertise, and officially began operations on Sept. 1, 2024.
Tell me more: The business court offers Texas businesses a more efficient, specialized and transparent approach to resolving disputes than filing in a traditional district court.
- Its innovative model could position Texas as a serious challenger to Delaware’s long-standing dominance in corporate governance.
TLR Thoughts: The Texas Business Court is a bold opportunity for the state to lead in corporate governance. Looking ahead, the Legislature can do more to improve the business court’s operations in the upcoming legislative session, as well as bolster the corporate governance laws that fall within the business court’s jurisdiction.
Maine Sues Oil Companies Over Impact of Fossil Fuels on Climate
What happened: Maine is the latest state to file a climate nuisance lawsuit against major oil companies. Read more
Tell me more: This follows a wave of similar lawsuits, including California’s case against ExxonMobil, showcasing a growing strategy of using the courts to circumvent the appropriate legislative and regulatory processes and impose energy policy.
Worth noting: Many climate nuisance lawsuits have been delayed due to legal challenges over whether they should be filed in state or federal court. Courts have ruled in the past that these lawsuits are not an appropriate use of the public nuisance doctrine.
- Still, the ongoing debate highlights the legal uncertainty these lawsuits create for the energy industry, which is critical to our national security and countless jobs.
TLR Thoughts: The public nuisance lawfare problem isn’t going away. Texas lawmakers must act to protect the state’s energy sector and economy from this growing trend and keep public policy decisions where they belong—within the legislature.