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Hon. Bill Whitehill
Judge · Seat 1B
Texas Business Court · First Business Court Division (Dallas)
Biography
Bill Whitehill is an inaugural Judge of the Texas Business Court First Division, Dallas. He came to the Court from Condon Tobin Sladek Thornton Nerenberg PLLC, where he was a member and led the firm’s Appellate Section. Before joining the Business Court, Bill served as a Justice on the Texas Fifth District Court of Appeals, where he authored over 600 substantive opinions. Bill was an associate and partner at Gardere Wynne Sewell, LLP, now known as Foley & Lardner, LLP for thirty-three years. At Gardere, he handled commercial, antitrust, securities, intellectual property, and fiduciary trials and appeals. He is a sustaining life fellow of the Texas Bar Foundation, and fellow of the Dallas Bar Foundation. He is a homeless kitchen volunteer for Cornerstone Baptist Church and is a former co-teacher and mentor at Cornerstone Crossroads Academy. Bill received a Bachelor of Business Administration in Finance from The University of Texas at Austin and a Juris Doctor with honors from the SMU Dedman School of Law and an Order of the Coif member.
Opinions by Judge Whitehill (4)
Nonwaiver Clauses Require Strict Compliance: Texas Business Court Enforces Writing Requirement in Employment Termination Dispute
In Thompson v. Anchor Capital GP, the Texas Business Court granted partial summary judgment on a for-cause termination claim, holding that a defendant failed to produce evidence that the plaintiff waived an employment agreement's nonwaiver clause requiring written approval for investments. The court denied summary judgment on breach-of-contract claims involving inspection rights and financial statement requirements, finding defendants raised fact issues on compliance and materiality.
Contract Construction and Location Commitments: Business Court Interprets Four Interrelated Agreements to Determine Redemption Rights in Arena Partnership Dispute
In Dallas Sports Group v. DSE Hockey Club, the Business Court granted summary judgment to the Mavericks, holding that the "Location Commitments" in franchise agreements required the Stars to maintain their Team's principal corporate and executive offices in Dallas—not merely the Owner's offices—and that the Stars' relocation to Frisco constituted a breach triggering redemption rights for $110. The court applied traditional contract construction principles to four separate but related agreements executed over a one-year period, rejecting the Stars' argument that their conduct had waived enforcement of the redemption provisions.
Partnership Agreement Liability Waiver Shields Non-Partners from Derivative Claims Despite Third-Party Beneficiary Disclaimer
In Primexx Energy Opportunity Fund, LP v. Primexx Energy Corporation, the Business Court of Texas addressed whether TAPA § 13.9's liability waiver for "Partner Affiliates" shields CEO Christopher Doyle and Blackstone entity defendants from conspiracy, aiding and abetting, and knowing participation claims related to the Callon sale. The central dispute turns on whether § 13.9's protections apply notwithstanding TAPA § 13.2's provision disclaiming third-party beneficiaries, with Doyle citing Pratt-Shaw v. Pilgrim's Pride Corp. to support his position as a protected non-partner affiliate.
Characterization of Natural Gas as Personalty Defeats Plea to Jurisdiction Based on New Mexico Real Property
In Targa Northern Delaware LLC v. Franklin Mountain Energy 2 LLC, Division 1 of the Business Court denied a plea to the jurisdiction in a breach-of-contract dispute over natural gas deliveries, holding that the case concerned severed natural gas (personalty) rather than subsurface mineral interests (realty) in New Mexico. The court concluded that any effect on New Mexico real property ownership was merely incidental and collateral to the core issue of which party first materially breached its contractual delivery obligations.