Choice-of-Law

News & Analysis as of

California Federal Court Dismisses Inferior Complaint

Inferior vena cava filters resemble what we used to call “daddy long legs.” You know what we mean: the spider-like creatures with small centers, from which long, bent legs emanate in all directions. That is sort of what IVC...more

Unwanted Baggage: Asset Acquisition and Successor Liability

suitcase-1463298472AoUIf you buy the assets of a company, have you also acquired the liabilities for infringement associated with those assets? That is the issue addressed in a recent decision by the federal district court...more

The implications of Brexit on the entertainment and media industry

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we...more

Will Madden v Midland Disrupt Loan Sales and Platform Lending?

Where do marketplace lenders and secondary loan market participants find themselves on the issue of preemption of state usury laws after the June 27 denial of the petition for a writ of certiorari in Madden v. Midland by the...more

UK Litigation in a Post Brexit World

As in so many other areas, the effect of the decision to leave the European Union in the referendum on 23 June 2016 on litigation in England and Wales in still highly uncertain. There are a number of issues that the UK...more

Madden v. Midland Funding: Supreme Court Leaves Non-Bank Loan Assignees Exposed to State Usury Laws

On June 27, 2016, the Supreme Court of the United States (the “Court”) denied Midland Funding LLC’s petition for certiorari in Madden v. Midland Funding, thereby letting stand a ruling by the Court of Appeals for the Second...more

Brexit: What You Need To Know - Litigation

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

Brexit; Assessing the impact on Middle Eastern issuers accessing the UK and European Capital Markets

Many companies and other entities in the Middle East tap the UK and/or European debt and equity capital markets as part of achieving their corporate funding and broader strategic objectives. Whilst the precise legal and...more

Madden Uncertainty Remains for Secondary Loan Market

The US Supreme Court last week delivered another blow to the unsteady secondary loan market industry by denying a request for certiorari in an important case for banks and buyers and sellers of loans and other debt...more

Brexit: Governing Law, Jurisdiction and Arbitration Clauses

On Thursday 23 June 2016, in a referendum on the UK’s continued membership of the EU, a majority of those polled voted to leave. As we commented in our note dated 24 June, the result “is expected to lead to a high degree of...more

Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment Funds

The delay in processing EB-5 immigrant visas caused by the increasing waiting line commonly referred to as “retrogression” is causing an increase in demand by parents in China to have their minor children named as the primary...more

Wisconsin Court Throws Out Choice-of-Law Provision, Then Enforces a Non-Compete Anyway

A recent decision from the Eastern District of Wisconsin, Schetter v. Newcomer Funeral Service Group, Inc., presented a smorgasbord of juicy noncompete issues, including: - ignoring a choice of law provision; -...more

Supreme Court Declines to Review Second Circuit Decision Subjecting Defaulted Debt Buyers to State Usury Laws

On June 27, the United States Supreme Court declined to review the Second Circuit’s decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). By denying Midland Funding, LLC’s petition for a writ of...more

Supreme Court Denies Certiorari Petition in Madden Case

Although it is reasonably unlikely that other circuit courts will follow the Second Circuit decision, it is uncertain whether application of the Madden case in the Second Circuit will be confined to its facts....more

Leveraging Government's Brief, Midland Pushes for Cert

Capitalizing on the government's position in its brief to the U.S. Supreme Court, Midland Funding filed a supplemental brief in support of its quest to have the justices overturn a Second Circuit Court of Appeals opinion...more

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad - The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the...more

SCOTUS Declines Hearing Madden: Are Industry Repercussions Limited?

In a disappointing move, the Supreme Court today denied the petition by Midland Funding to hear the case Madden v. Midland Funding. But could the inaction by the Supreme Court be much ado about nothing?...more

Tokyo Dispute Resolution and Crisis Management Newsletter - June 2016

Dispute-Management - Best Practices in Construction Projects - Introduction - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project?...more

Case Update: Midland Funding Madden – Supreme Court Denies Certiorari

The Supreme Court today denied certiorari in Midland Funding v. Madden. Although the denial leaves the Second Circuit's May 2015 decision in place, it does not signal the Supreme Court's view of the correctness of that ruling...more

The UK has voted to leave the EU: What now?

The British public have voted that the UK should leave the EU. The EU Referendum vote (the Leave Vote) does not by itself result in an automatic UK exit from the EU. The EU Treaty provides for a framework for a...more

Contractual Close-Out Netting Ineffective in the Event of Insolvency

In a decision of 9 June 2016, the German Federal Court of Justice (Bundesgerichtshof, "BGH") has ruled that the determination of the close-out amount in a netting provision based on the German Master Agreement for Financial...more

Trending in Social Media Law (Part 1): Biometric Privacy and Your Facebook Photos

On May 5, 2016, a federal judge denied Facebook’s attempt to dismiss a consolidated putative class action alleging that Facebook’s “Tag Suggestions” feature violates the Illinois Biometric Information Privacy Act (BIPA)....more

Business Litigation Reporter - June 2016

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

An Oily Situation: Separability, Public Policy and Arbitral Awards

A recent High Court judgment has highlighted the importance of carefully drafting arbitration agreements and the difficulties of challenging arbitral awards on public policy grounds. In National Iranian Oil Company v Crescent...more

"Brexit Bites": Dispute Resolution Implications

This is the tenth in our series of "Brexit Bites" which focuses on Dispute Resolution If the UK exits the EU, there could be implications for any dispute resolution process involving English law and English courts. Much...more

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