*Texas Commercial Litigation Podcast* provides valuable insights into navigating complex business disputes and legal challenges in the commercial realm.
Settlement Strategy in Commercial Litigation: When Cases Resolve and Why
In this episode of the Texas Commercial Litigation Podcast, host Lisa Mosbey is joined by Bob Arnett, a principal at Carter Arnett in Dallas, to discuss the intricacies of settlement strategies in commercial litigation. Bob, with over 40 years of experience, delves into the factors influencing whether a case moves towards settlement or trial, emphasizing the importance of preparing for trial to facilitate settlements.
The conversation covers the impact of factual records, timing, dispositive motions, and damage models on settlement dynamics. Bob also highlights the role of settlement counsel and the complexities of multi-party disputes. This episode provides valuable insights for attorneys and clients navigating the commercial litigation landscape, offering practical advice on achieving favorable outcomes.
23 Sept 2026
Litigation Risk Assessment: How Companies Evaluate Exposure Before Trial
In this episode of the Texas Commercial Litigation Podcast, host Sean O’Connor sits down with Robert Arnett, principal at Carter Arnett, to discuss the intricacies of litigation risk assessment in complex commercial cases. Robert, with over 35 years of experience, delves into how companies evaluate exposure as a case progresses toward trial. He explains the role of risk management departments, insurance coverage, and indemnity obligations in shaping litigation strategies. The conversation covers the evaluation of multiple claims, potential damages models, and the impact of legal rulings on risk assessment. Robert provides insights into the challenges of assessing liability and damages, particularly in cases involving multiple parties or complex commercial claims. This episode offers valuable guidance for businesses and legal professionals seeking to navigate the complexities of litigation risk effectively.
9 Sept 2026
Expert Witnesses in Commercial Litigation: How Cases Are Proven and Defended
In this episode of The Texas Commercial Litigation Podcast, host Sean O’Connor and Robert Arnett, principal of Carter Arnett, delve into the critical role expert witnesses play in complex business litigation. With over 35 years of experience, Robert shares insights on how expert testimony can shape trial outcomes, particularly in patent infringement cases. He explains the importance of selecting the right experts before filing a lawsuit and how their credibility and communication skills can influence a jury’s understanding. The discussion covers the strategic considerations for both plaintiff and defense sides, including the impact of expert overreach and the evaluation of expert testimony by courts. Listeners will gain valuable knowledge on managing expert witnesses effectively to strengthen their litigation strategy.
26 Aug 2026
Summary Judgment in Texas Business Litigation: When Cases Are Won Without Trial
In this episode of the Texas Commercial Litigation Podcast, joined by J. Robert Arnett II, a principal at Carter Arnett in Dallas, to delve into the intricacies of summary judgment in Texas business litigation. Bob, with over 35 years of experience, discusses the characteristics of cases that are ripe for summary judgment, such as promissory notes and lease disputes, and explains how the process differs between Texas state and federal courts.
He shares insights on the types of claims and defenses that are most commonly resolved through summary judgment, including breach of contract and statute of limitations defenses. The episode also covers strategic considerations for pursuing summary judgment versus preparing for trial, and how judges handle competing evidence. Listeners will gain a deeper understanding of how summary judgment can be a valuable tool in resolving business disputes efficiently.
12 Aug 2026
Early Case Strategy in Commercial Litigation: What Happens in the First 90 Days
In this episode of the Texas Commercial Litigation Podcast, sits down with J. Robert Arnett II, a principal at Carter Arnett in Dallas, to delve into early case strategy in commercial litigation. With over 35 years of experience, Bob shares insights into the critical first 90 days after a lawsuit is filed. The discussion covers factors that define a case’s direction, such as injunctive relief, personal jurisdiction challenges, and the potential for bankruptcy filings.
Bob also explains the importance of initial case assessments, the role of early pleadings, and how they influence leverage between parties. The episode further explores the strategic use of early motions, preservation of evidence, and the impact of early settlement discussions. Listeners will gain a comprehensive understanding of the strategic considerations crucial for managing new lawsuits effectively.
29 Jul 2026
Bankruptcy Litigation in Texas: Using Chapter 11 as a Strategic Tool in Commercial Disputes
In this episode of the Texas Commercial Litigation Podcast, joined by J. Robert Arnett II, a principal at Carter Arnett in Dallas with over 35 years of experience in handling complex business disputes. Together, they delve into the intricacies of bankruptcy litigation in Texas, focusing on how Chapter 11 can serve as a strategic tool in commercial disputes.
Bob explains the intersection of bankruptcy considerations with ongoing litigation, the impact of the automatic stay, and the challenges creditors face in business bankruptcies. He also discusses adversary proceedings, the implications for secured creditors and guarantors, and how bankruptcy courts handle fraudulent transfer claims. This episode is essential for anyone dealing with commercial litigation and seeking to understand the strategic use of bankruptcy in legal disputes.
15 Jul 2026
Texas Business Appeals: Preserving Error and Protecting the Record at Trial
In this episode of The Texas Commercial Litigation Podcast, welcomes Robert Arnett, a seasoned attorney with over 35 years of experience in complex business, intellectual property, and real estate disputes. They delve into the intricacies of Texas business appeals, focusing on the importance of preserving error and protecting the trial record. Robert emphasizes the need for early appellate strategy integration in trial preparation, highlighting how evidentiary objections and jury charge issues play a critical role in the appeal process. The discussion covers the nuances of appealing bench versus jury trials, the economic loss rule in business tort claims, and strategic considerations for corporate decision-makers contemplating an appeal. Listeners will gain valuable insights into how trial counsel can balance record preservation with maintaining credibility in court, ultimately enhancing their litigation strategy.
1 Jul 2026
Commercial Lease Litigation in Texas: Enforcement, Defaults, and High-Stakes Disputes
Exploring commercial lease litigation in Texas, discussing conflicts leading to court involvement, lease provisions interpretation, financial impacts on litigation strategy, guarantor provisions, force majeure clauses, injunctive relief, and broader considerations for dispute resolution.
17 Jun 2026
Defending Patent Cases in the Eastern District of Texas: Strategy for Today’s Docket
Exploring the historical significance and current landscape of patent litigation defense in the Eastern District of Texas, Robert provides insights on strategies and considerations for defendants appearing in this jurisdiction, shedding light on venue decisions and jury dynamics.
3 Jun 2026
Indemnity, Contribution, and Risk Allocation in Texas Commercial Lawsuits
In this episode, the discussion revolves around indemnity and contribution issues in Texas commercial lawsuits. Indemnity is primarily contractual, where one party agrees to hold harmless another party, often leading to complexities in practice. On the other hand, contribution is a common law theory based on the percentage of responsibility. The episode delves into how these concepts play out in litigation, including the allocation of responsibility and strategic considerations for multiple party disputes.
20 May 2026
Federal Court vs. Texas State Court: Strategic Advantages in Commercial Litigation
In this episode, Robert Arnett discusses the strategic variances between litigating in federal and Texas State Court for commercial cases. From the quality of judges to procedural disparities, Bob sheds light on key considerations that shape the trajectory of a case from the outset.
6 May 2026
Emergency Injunctions in Texas Business Litigation: TROs, Temporary Injunctions, and Strategic Leverage
In this episode of the *Texas Commercial Litigation Podcast*, the discussion revolves around Emergency Injunctions in Texas Business Litigation. The guest, an experienced attorney, delves into the significance of Temporary Restraining Orders (TROs) and temporary injunctions in shaping the course of commercial cases in Texas courts.
22 Apr 2026
What Texas General Counsel Really Look for in Outside Trial Counsel
This episode delves into the critical factors that influence Texas general counsel when evaluating outside trial lawyers for significant commercial disputes. From the importance of trial experience to budget considerations, Bob provides valuable insights for companies navigating complex legal matters.
8 Apr 2026
Trade Secrets and Non-Competes: Protecting What Drives Your Business
In this episode, the focus is on trade secret protection and non-compete enforcement, crucial for businesses to safeguard their confidential information. Attorney Robert Arnett delves into what qualifies as a trade secret under Texas law, common ways companies risk their secrets, and practical steps for prevention.
25 Mar 2026
Real Estate Litigation 101: From Construction Claims to Boundary Battles
Exploring common real estate and construction conflicts in Texas courts, this episode delves into issues like non-payment, construction defects, boundary disputes, and lease disagreements. Attorney Robert Arnett shares insights on informal resolution versus full-scale litigation and the critical role of contracts in shaping outcomes. Expert witnesses such as appraisers and engineers play a significant role in these complex cases.
11 Mar 2026
Inside Patent Litigation: Why Texas Became a Patent Litigation Hotbed
Explore why Texas has become a major venue for patent litigation and what businesses need to know before entering this arena. Discover the historical factors that led to Texas becoming a hotbed for IP disputes, the early phases of handling a patent claim, the industries most affected by patent disputes, and the key elements influencing judge and jury decisions in patent infringement cases.
26 Feb 2026
When Deals Unravel: Common Contract Disputes That End Up in Court
In this episode, seasoned trial attorney Bob delves into the common issues that lead to contract disputes ending up in court. From the importance of clear contract language to the impact of small details like punctuation, Bob offers valuable insights for businesses navigating potential legal challenges.
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