Energy disputes are Texan. They involve fights over substantial capital, with innovative and technical subject matters that require transforming information and arcane terminology into streamlined narratives. The shale revolution resulting from hydraulic fracturing and horizontal drilling has caused a sizable amount of litigation including disputes over title, partnership rights, technology ownership, and deals gone badly. A shift in the subject matter of some disputes from traditional oil and gas to clean energy will underscore the need to understand the technology and nomenclature at issue. Success requires big picture focus and prioritizing the truly important, while explaining complex concepts through language that is easy to understand and memorable.

Venue is a first major item to address, determining the judge and the pool of persons who will comprise the jury. For plaintiffs, selecting the wrong venue means needless cost and wasted time, and it could make a bad impression with the judge to whom the case is ultimately transferred. Defendants who challenge venue must file a motion to transfer venue before or contemporaneous with their answer. Defendants who need time to decide whether to challenge venue should reach a Rule 11 agreement with plaintiff's counsel, with the extension being one to file "an answer or other responsive pleading." The crucial inquiry in most energy cases is whether mandatory venue applies under Section 15.011 of the Texas Civil Practice and Remedies code. The issue:  does the dispute involve an interest in real property, or is the interest in real property simply attendant to the actual dispute?  Also check to see whether venue is mandatory as a "Major Transaction" per Section 15.020.