What is the Texas Business Court?

A statewide court for complex commercial disputes that began hearing cases on September 1, 2024. Since September 1, 2025, most qualifying disputes need an amount in controversy of at least $5 million; governance claims involving publicly traded companies qualify regardless of amount. Its Third Division sits in Austin, and appeals go to the Fifteenth Court of Appeals.

Can I recover attorney's fees in a Texas business dispute?

Often. A party that prevails on a breach of contract claim can recover fees under Civil Practice and Remedies Code Chapter 38. Fees are also available when a contract provides for them, under the Texas Theft Liability Act, and to a party that wins a Texas Citizens Participation Act motion.

Are noncompete agreements enforceable in Texas?

Yes, if the covenant is ancillary to an otherwise enforceable agreement and reasonable in time, geographic area, and scope of activity. Courts reform an overbroad covenant rather than void it, though reformation can limit the damages available for breaches before the court reforms it.

How long do I have to sue for breach of contract in Texas?

Generally four years from when the claim accrues. Contracts can shorten that period within statutory limits, and accrual can be disputed, so check the dates early.

Austin office

Austin Commercial Litigation Attorneys

Business disputes in Texas state and federal courts.

Our Austin office represents companies, owners, and contractors in business disputes across Central Texas. Partner Brian E. Berger handles complex business disputes alongside his construction practice, and he has negotiated multimillion-dollar resolutions in multi-party cases. He works with Texas-licensed colleagues Matthew J. Evans, Donald W. Elliott, Jr., and Daniel C. Headrick, and with the firm's litigators in Tennessee and Georgia when a dispute crosses state lines. Business disputes on construction projects draw on the firm's construction law practice.

737-244-7337

$5 million

The amount in controversy for most cases in the Texas Business Court since September 1, 2025. Its Third Division sits in Austin, and its appeals go to the Fifteenth Court of Appeals.

What we handle

Contract and commercial disputes

Breach of contract, supply and services agreements, commercial leases, and significant receivables. Texas allows a party that prevails on a breach of contract claim to recover attorney's fees under Civil Practice and Remedies Code Chapter 38, which since 2021 reaches claims against LLCs and partnerships as well as individuals and corporations. The limitations period for most contract claims is four years.

Owner, partner, and shareholder disputes

Disputes among LLC members, partners, and shareholders over control, distributions, buyouts, and fiduciary duties under the Texas Business Organizations Code. Governance disputes above the $5 million threshold can be heard in the Texas Business Court.

Noncompetes and trade secrets

Under the Covenants Not to Compete Act, Business and Commerce Code §§ 15.50–15.52, a noncompete must be ancillary to an otherwise enforceable agreement and reasonable in time, geography, and scope, and courts reform overbroad covenants rather than void them. Trade secret claims arise under the Texas Uniform Trade Secrets Act, Civil Practice and Remedies Code Chapter 134A. These cases usually turn on an early temporary injunction hearing.

Texas Citizens Participation Act motions

Texas's anti-SLAPP statute, Civil Practice and Remedies Code Chapter 27, lets a party move early to dismiss claims based on certain communications. The motion generally suspends discovery, and a successful movant recovers attorney's fees. The 2019 amendments narrowed the statute, but TCPA motions still appear in business disputes, and filing or defending one is an early strategic decision.

Business torts

Fraud, tortious interference, conversion, and claims under the Texas Theft Liability Act, Civil Practice and Remedies Code Chapter 134, which awards attorney's fees to the prevailing party on either side. That fee rule cuts both ways and should be weighed before the claim is pleaded.

Choosing the forum

Travis and Williamson County district courts, the Texas Business Court, the Western District of Texas, and arbitration. Smaller cases may fall under the expedited-action rules of Texas Rule of Civil Procedure 169, which apply to claims of $250,000 or less and limit discovery and trial time. Forum decisions change the pace, the judge, and the cost, so we make them at intake.

Texas has a new business court

The Texas Business Court began hearing cases on September 1, 2024, with its Third Division in Austin. The 2025 amendments lowered the amount in controversy for most commercial disputes from $10 million to $5 million, allowed related transactions to be aggregated, and extended jurisdiction to certain trade secret and intellectual property disputes. The court does not hear personal injury or consumer claims. For a dispute near the threshold, whether to file there, remove there, or stay in district court is one of the first decisions in the case.