Episode 14: "Two Years In: The Texas Business Court's Track Record and What's Next"
Two years after opening its doors, the Texas Business Court has evolved from a bold experiment into an established forum for complex commercial disputes. In this episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth sit down with Judge Andrea Bouressa, one of the court's inaugural judges, to discuss the court's rapid growth, increasing caseload, expanding role in Texas business litigation, and what lies ahead as the state considers additional resources and statewide expansion.
This content is presented by Akin but cannot be copied or rebroadcast without consent. The information provided is intended for a general audience and is not legal advice or a substitute for the advice of competent counsel. Prior results do not guarantee a similar outcome. The content reflects the personal views and opinions of the participants. No attorney-client relationship is being created by this podcast and all rights are reserved.
8 Sept 2026
Episode 13: "Going Public in the Lone Star State: SpaceX, the IPO Market, and the Texas–Delaware Choice"
In our latest episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth are joined by Akin corporate M&A and corporate governance partner Kerry Berchem to examine SpaceX's historic IPO, its move from Delaware to Texas and what it could mean for the future of corporate governance and public company formation.
The episode explores the evolving Texas-Delaware landscape, the rise of the Texas Stock Exchange and key considerations for boards and management teams preparing to go public. Drawing on both litigation and corporate governance perspectives, the discussion highlights how companies are approaching decisions around incorporation, listing venues, shareholder rights and governance structures.
This content is presented by Akin but cannot be copied or rebroadcast without consent. The information provided is intended for a general audience and is not legal advice or a substitute for the advice of competent counsel. Prior results do not guarantee a similar outcome. The content reflects the personal views and opinions of the participants. No attorney-client relationship is being created by this podcast and all rights are reserved.
17 Aug 2026
Episode 12: "DExit: A Practical Guide Through Real World Reincorporations"
Hosts Scott Barnard and Stephanie Lindemuth are joined by Akin capital markets partner John Clayton to discuss the "DExit" question, breaking down how reincorporation actually works, including the mechanics and timing, real-world case studies and key takeaways for boards and investors.
"This content is presented by Akin but cannot be copied or rebroadcast without consent. The information provided is intended for a general audience and is not legal advice or a substitute for the advice of competent counsel. Prior results do not guarantee a similar outcome. The content reflects the personal views and opinions of the participants. No attorney-client relationship is being created by this podcast and all rights are reserved."
29 Jun 2026
Episode 11: "Delaware in Focus: Forum Bylaws, Advanced Notice and the Limits of Stockholder Litigation"
In this episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth cover two key Delaware decisions that impact how companies manage stockholder litigation. They discuss forum selection bylaws, advance notice rules and key takeaways for boards and litigators.
8 Jun 2026
Episode 10: "Texas and Delaware's Gatekeepers and Safe Harbors"
Akin litigation partners Scott Barnard and Stephanie Lindemuth return to analyze two significant developments in shareholder litigation. What does Texas's SB 29 mean for nominal shareholders seeking to bring derivative suits? And how does Delaware's SB 21 change the calculus for companies navigating sensitive transactions? They also examine recent rulings and explore what the courts may be signaling about the direction of the law.
7 May 2026
Episode 9: "AI in the Boardroom and the Courtroom: Insights From the Tulane Corporate Law Institute"
In this episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth discuss how artificial intelligence is reshaping corporate decision making, from M&A valuation and diligence to board materials and courtroom evidence. Drawing on insights from the Tulane Corporate Law Institute, they highlight the risks of relying on AI-driven narratives, evolving views on privilege and discoverability, and why clear governance and oversight are becoming critical. Recent cases discussed at the conference illustrate how AI-generated materials are already influencing legal outcomes.
27 Apr 2026
Episode 8: "Texas on Trial: Jury Verdicts and What They Signal"
In our latest episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth sit down with Roland Garcia of Greenberg Traurig, lead plaintiff's counsel in the first jury trial in the Texas Business Courts—a case that tested not only the merits, but also the court's infrastructure.
They examine what the verdict and these early jury trials signal for companies and investors assessing Texas as a forum for complex business disputes.
2 Apr 2026
Episode 7: "Texas Allows Elimination of Fiduciary Duties in LLCs"
In our latest podcast episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth unpack a major shift in Texas business law with real consequences for LLCs, private equity sponsors, and minority investors. They examine new statutory changes allowing fiduciary duties to be eliminated by contract, how Texas's approach diverges from Delaware's, and why choice of law and precise drafting have never mattered more.
18 Mar 2026
Episode 6: "Inside Delaware's Legislative Response: Courts, SB 21 and the Future of Corporate Law"
In our latest episode, Delaware Senate Majority Leader Bryan Townsend sits down with Akin litigation partners Scott Barnard and Stephanie Lindemuth to offer an insider's view of the legislature's response as debate over Delaware's corporate law direction continues.
In this episode, Senator Townsend explains why the General Assembly advanced Senate Bill 21 as a measured legislative response to bring clarity and consistency to Delaware corporate law. He addresses market concerns, the legislature's role and the future of Delaware corporate law.
Listen Now.
24 Feb 2026
Episode 5: "SEC Changes Course on Mandatory Arbitration"
In our latest podcast episode, Akin litigation partners Scott Barnard and Stephanie Lindemuth discuss the SEC's recent policy shift on mandatory arbitration provisions and what it means for public companies—particularly in light of differing state law approaches in Delaware, Texas and beyond.
Listen Now.
9 Feb 2026
Episode 4: "Delaware's Counter Offensive: Moelis, Musk and the Amended Section 220"
In this episode, we examine recent decisions out of Delaware that are reshaping the conversation around corporate governance and the competitive landscape between Delaware and Texas.
Akin litigation partners Scott Barnard and Stephanie Lindemuth are back to discuss significant recent updates, including the Delaware Supreme Court's reversal in Moelis, its remedy-focused ruling in the Musk/Tesla matter and the first judicial interpretation of the amended Section 220. Together, these decisions signal Delaware's effort to reinforce predictability, realign with legislative changes and respond to the broader debate around corporate migration.
Listen now.
21 Nov 2025
Episode 3: "Texas Glitters, But Is It Gold? Assessing Operational Challenges Texas Faces in Achieving Delaware's Gold Standard"
We present the third episode of our limited series podcast on how Texas and Delaware are positioning themselves as leading jurisdictions for corporate incorporation and litigation.
Join our co-hosts, Akin litigation partners Scott Barnard and Stephanie Lindemuth, as they dissect the operational realities of the new Texas Business Courts. They'll explore the courts' structure, inherent challenges and the long road ahead as Texas vies for prominence against Delaware's established dominance.
13 Nov 2025
Episode 2: "Home Court Advantage? Key Differences Between Delaware and Texas Laws Relevant to the Corporate Home Debate"
We present the second episode of our limited series podcast on how Texas and Delaware are positioning themselves as leading jurisdictions for corporate incorporation and litigation. This week, we examine recent developments in corporate law and the efforts by both states to attract businesses.
Our co-hosts, Akin litigation partners Scott Barnard and Stephanie Lindemuth, explore the legislative changes and structural differences that are shaping the corporate law environment, with a specific focus on fiduciary duties, standards of review and shareholder rights.
Listen now.
7 Nov 2025
Episode 1: "'DExit' or Just Drama? The Future of Delaware and 'Y'all Street'"
Akin is excited to announce the launch of our three-part, limited series podcast, The Business Court Benches: Delaware and Texas Compared. This topical series, co-hosted by Akin litigation partners Scott Barnard and Stephanie Lindemuth, will dive into the bold steps Texas has taken to rival Delaware as the go-to jurisdiction for corporate litigation.
Our first episode, "'DExit' or Just Drama? The Future of Delaware and 'Y'all Street," explores the historical significance of the Delaware Court of Chancery, recent shifts in corporate law jurisprudence and the emerging competition from Texas's new business courts.
Over the coming weeks, stay tuned as we provide in-depth analyses and insights that will help you navigate this evolving landscape.
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