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From the First State to the Lone Star State: What's Going on with the New Texas Business Court?
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Delaware may still be the gold standard for corporate law, but the Lone Star State is stepping up. In this episode, we explore how Texas is positioning itself as a serious alternative for corporate litigation and incorporation, as companies increasingly reconsider Delaware. Joining us is Michael Holmes, head of litigation at Vinson & Elkins and Vice Chair of the firm, whose practice spans both Texas and the Delaware Court of Chancery. 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. The conversation covers whether Texas can replicate Delaware’s speed and infrastructure, and why its sheer size may complicate efforts to match Delaware’s efficiency. Michael also reflects on Texas’s emerging legal identity and what it might take to develop a meaningful body of state corporate law. Tune in to learn how Texas is carving out its place in the corporate litigation landscape and what that means for the future of business law!
Key Points From This Episode:
- Some background on Michael Holmes, his career, and how he came to work in litigation.
- How Texas is positioning itself as a challenger to Delaware for corporate litigation.
- Michael’s experience litigating in both Delaware and Texas courts.
- How SB21 could shift litigation dynamics for representative matters.
- Reflections on adaptability by the plaintiff’s bar and potential new litigation trends.
- Thoughts on the Dropbox constitutional challenge to SB21.
- An overview of the new Texas Business Court and how it is structured.
- Key differences between Texas and Delaware in jurisdiction and judicial terms.
- Pros and cons of two-year judicial terms in Texas business courts.
- How Texas is differentiating itself from Delaware and other options, like Nevada.
- Unpacking whether a large state like Texas can match Delaware’s speed and efficiency.
- Thoughts on how courts will interpret and develop new statutory frameworks.
- Why Texas and Delaware may coexist rather than compete exclusively.
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