November 6, 2026

The Midterms: Don’t Forget the States!

The midterms didn’t just shake things up at the Federal level. We may also see major policy changes at the state level — particularly in Texas, where Democrats will take over the Governor, Lieutenant Governor and Attorney General offices, plus take control of the state house. That’s causing practitioners and academics to wonder what this means for the state, which has been a favored jurisdiction for companies reincorporating out of Delaware and the site of several recent stock exchange launches.

On LinkedIn, Law Prof Christine Hurt pointed out that Texas Business Court judges are appointed for only two-year terms, making those appointments potentially influenced by political winds. Law Prof Ann Lipton also noted that the new Democratic Attorney General may not pursue the state’s existing lawsuits against the proxy advisors or want to defend the proxy advisor law that is currently enjoined on a First Amendment basis.

– Meredith ErvineĀ 

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