Texas Business Courts: Opportunities and Challenges for Business Disputes

Laurie N. Patton | Spencer Fane LLP

Laurie Patton represents companies and individuals in a wide range of commercial litigation matters and employment disputes, working closely with her clients to identify their objectives and develop a strategy to achieve those goals. Laurie helps clients identify potential risks and liabilities related to their business and workforce and advises clients on how to implement policies and procedures to minimize those risks.

If a dispute cannot be avoided or resolved, Laurie advocates for her clients through litigation to secure the best outcome for the client while allowing the client to remain focused on running their business. As an experienced litigator, Laurie pursues and defends against temporary injunctions, including non-compete disputes, and has been an integral part of legal teams preparing for and presenting complex business matters at jury and bench trials.

Recently, Laurie helped secure a jury verdict for breach of fiduciary duty, fraud and breach of contract, and damages awarded of $649,568.85, in a matter involving violations of duties by a company’s former President. The Court further awarded an additional $548,177.43 as equitable disgorgement pursuant to the motion she drafted. Laurie has deposed and defended key witnesses, has drafted multiple successful motions for summary judgment, including a motion that was ultimately affirmed by the Eighth Court of Appeals and has appeared before Texas state courts on numerous occasions.

Laurie helps corporate clients navigate employment issues beginning from the initial investigation through final resolution. She has specific experience responding to EEOC claims and defending against claims of age, race, disability, and gender discrimination and wage and hour allegations on a state and federal court level. She also drafts and revises employment-related agreements, assists clients in maintaining current and appropriate written policies and procedures and advises clients on maintaining documentation to position themselves most favorably in the event a dispute arises.

Jacob (J.B.) Fishman | Spencer Fane LLP

Jacob (J.B.) Fishman represents clients using all forms of dispute resolution to achieve desirable outcomes. Prior to entering private practice, he externed with a federal magistrate judge and interned with a state district judge, gaining valuable insights which further enhanced his ability to advocate for clients.

His early career is marked by several impressive achievements, including representing clients as chief counsel in the Southern Methodist University (SMU) Civil Litigation Clinic, where he became the first-ever student to be named a fellow of the clinic while still in school. J.B. achieved great results for his clients – including one of the largest settlements ever awarded to an SMU Clinic client – earning a spot on SMU’s Pro Bono Honor Roll for his work serving Dallas’ underrepresented communities.

Additionally, J.B. was one of only ten law students inducted into the National Order of Barristers for his effectiveness as an advocate while at SMU. He excelled in the courtroom, winning SMU’s mock trial competition in 2023, and was a finalist in the school’s arbitration competition. J.B. was also a staff editor for the International Law Review and a research assistant for two different professors.

I. HB 19 and the Creation of Texas Business Courts | 1:00pm – 1:20pm

II. Comparison with Other State-Based Business Courts (Delaware, New York) | 1:20pm – 1:40pm

III. Structure and Divisions of the Business Courts | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Jurisdiction and Eligibility for Business Court Cases | 2:10pm – 2:30pm

V. Procedural Aspects of the Texas Business Courts | 2:30pm – 2:50pm

VI. Discussion of Current Business Court Cases – What Are We Seeing? | 2:50pm 3:10pm