Jackson Walker partner Chris Bankler was featured in a Law360 article examining the Texas Business Court’s first opinion on when intellectual property claims can establish jurisdiction.

In early February, Judge Stacy Rogers Sharp ruled to transfer Alamo Title Co.’s trade secret-related suit against WFG National Title Co. from state district court to the business court, holding that the court’s jurisdiction over intellectual property law should be interpreted broadly. The case involved allegations that WFG had “raided” Alamo’s employees and customers.

Commenting on the court’s jurisdictional analysis, Chris stated: “I think what Judge Sharp is trying to signal is that artful pleading will not keep business disputes out of the court. The court carefully examined all the different factual allegations and said that even though there wasn’t a standalone trade secret claim, there were all kinds of allegations about misuse of confidential information, potential misuse of customer lists [and] alleged misuse of employee information.”

The article also highlighted the court’s structural advantages, including appointed rather than elected judges who are subject to more rigorous qualifications, a requirement that judges issue written opinions, and accelerated case timelines.

On the court’s efficiency, Chris added, “They’re trying to figure out very early on, in the first 30 or 60 days, what are issues that we can use to narrow the scope of this dispute and how can we get this case resolved in a year or less. In the scheduling orders in the cases that I’ve been involved in, that’s borne out to be true. I’ve yet to receive a trial date that was more than a year out. More often than not, it’s been closer to six to eight months.”

For further insights, read the full Law360 article, “Texas Biz Court’s Likely Role In Patent Fights Becoming Clear.”

Meet Chris

Chris Bankler focuses on the resolution of disputes for businesses and financial institutions. He counsels clients through the process of complex business litigation, including general business disputes, fraud claims, breach of fiduciary duty cases, and complex business bankruptcy litigation. He has served as litigation counsel in more than 100 cases in state and federal courts, as well as FINRA and AAA arbitrations.