Relating to the business court.

Contracts

• Venue Selection: Review all Master Services Agreements (MSAs) and vendor contracts valued over $5 million. You must amend forum selection clauses to explicitly designate the Texas Business Court if you prefer specialized judges over local juries.
• Governance Documents: Amend corporate bylaws and operating agreements to mandate the Business Court for internal derivative suits and breach of duty claims to prevent forum shopping.
• Arbitration: Update arbitration clauses to specify the Business Court as the venue for compelling arbitration or appointing arbitrators.

Hiring/Training

• Litigation Management: Train in-house counsel and outside litigation teams on the 30-day removal deadline. Failure to file a notice of removal within 30 days of discovering jurisdictional facts waives the right to this court.
• Pleading Standards: Legal staff must update complaint and answer templates. Initial pleadings in the Business Court must now include the last three digits of the party’s driver’s license and social security number.

Reporting & Record-Keeping

• Litigation Holds: Update data preservation notices to specifically cover software code, data security logs, and IP assets, as these are now primary triggers for Business Court jurisdiction.
• Jurisdictional Tracking: Implement a tracking system for the "Amount in Controversy" in all commercial disputes. If a counter-claim pushes a case over the $5 million threshold, the removal window re-opens.

Fees & Costs

• Insurance: Notify Directors & Officers (D&O) liability carriers. The Business Court’s accelerated docket may increase the velocity of defense costs.
• Filing Fees: Expect standard district court filing fees, but budget for increased costs associated with the Fifteenth Court of Appeals, which now handles all interlocutory appeals from this court.