Texas Business Court Enforces Punitive-Damages Waiver and Clarifies Post-Resignation Trustee Duties
January 21, 2026
In Preston Hollow Capital, LLC v. Truist Bank, Cause No. 25-BC01B-0030, the Texas Business Court issued a detailed opinion addressing three recurring issues in sophisticated financing disputes: (1) whether the parties’ contract that barred punitive damages was enforceable, (2) whether such a waiver in one transaction document applies across a multi-document financing, and (3) what fiduciary duties—if any—survive a trustee’s resignation. […]