As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the...more
7/1/2025
/ Amount in Controversy ,
Breach of Contract ,
Breach of Duty ,
Business Court ,
Commercial Litigation ,
Contract Disputes ,
Corporate Governance ,
Declaratory Judgments ,
Dispute Resolution ,
Employment Contract ,
Fiduciary Duty ,
Jurisdiction ,
Limited Partnership Agreements ,
Motion to Remand ,
Personal Jurisdiction ,
Purchase and Sale Agreements ,
Summary Judgment ,
Texas
The Delaware Supreme Court’s June 17, 2025 decision in In re Columbia Pipeline Group Merger Litigation reversed a $199 million damages award against TC Energy for aiding and abetting breaches by fiduciaries of Columbia...more
6/25/2025
/ Acquisitions ,
Aiding and Abetting ,
Appeals ,
Breach of Duty ,
CEOs ,
CFOs ,
Corporate Counsel ,
Corporate Governance ,
DE Supreme Court ,
Delaware ,
Delaware General Corporation Law ,
Fiduciary ,
Fiduciary Duty ,
Merger Agreements ,
Mergers ,
Securities Litigation ,
Shareholder Litigation
Texas’ new business court, which the state hopes will make complex litigation more efficient, opens in less than four months. And while there’s still uncertainty about how the court will operate, its structure and the Texas...more
7/24/2024
/ Breach of Contract ,
Breach of Duty ,
Business Court ,
Business Disputes ,
Business Entities ,
Business Litigation ,
Commercial Court ,
Commercial Litigation ,
Corporate Governance ,
Jurisdiction ,
State Legislatures ,
Texas
Since the Delaware Court of Chancery’s January 2022 decision in In re MultiPlan Corp. Stockholders Litigation,1 plaintiffs in Delaware had enjoyed a long and unbroken string of motion to dismiss victories in suits alleging...more
6/13/2024
/ Board of Directors ,
Books & Records ,
Breach of Duty ,
Business Model ,
Delaware ,
Failure To Disclose ,
Fiduciary Duty ,
Material Misstatements ,
Pre-Closing Issues ,
Special Purpose Acquisition Companies (SPACs) ,
Stock Redemption ,
Stocks
A recent opinion from the Delaware Supreme Court could be viewed by some as expanding plaintiffs’ ability to viably plead a duty of oversight (or “Caremark”) claim against directors. In Lebanon County Employees’ Retirement...more
Executive Summary-
A recent Delaware Court of Chancery post-trial decision, In re Straight Path Communications, is another example of:
• “fair price” immunizing “unfair process” in the “entire fairness” analysis, and...more
10/10/2023
/ Arms Length Transactions ,
Breach of Duty ,
Bribery ,
Broadband ,
Broadcasting ,
Bullying ,
Business Litigation ,
Delaware ,
Fair Price ,
FCC ,
Fraud ,
General-Business ,
Indemnification ,
Licenses ,
Minority Shareholders ,
Shareholders ,
Telecommunications
In the wake of the wave of special purpose acquisition company (SPAC) deal activity in recent years, SPAC-related litigation is on the rise, particularly in Delaware. ...more
A year ago, as the SPAC wave continued to build, we wrote that lawsuits challenging de-SPAC transactions would likely pose a question that had thus far received little attention from courts or commentators: is a de-SPAC...more
Key Takeaways-
•Stock price plunges caused by COVID and current market conditions create fertile ground for stockholder litigation, including claims by participants in retirement plans funded with employer securities that...more