Choice-of-Law

News & Analysis as of

Illinois Court Holds Federal Case Law Relevant In Choice of Law Analysis

In its recent decision in G.M. Sign v. Pennswood Partners, 2014 Ill. App. LEXIS 188 (2nd Dist. Mar. 24, 2014), the Appellate Court of Illinois for the Second District had occasion to consider whether to engage in a choice of...more

An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies

While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial and excess policies brokered on the London Market, to contain choice of law...more

Too “Obnoxious” to Enforce: New York Court Refuses to Apply Florida Law in Considering Restrictive Covenants

Florida MapRecently, a New York appellate court concluded that an employer could not rely upon a Florida choice-of-law provision in an employment agreement to enforce restrictive covenants against a former employee, even...more

“First Impression” Ruling by Fourth Department Strikes Down Employment Contract’s Florida Choice-of-Law Provision as “Truly...

The Fourth Department, an intermediate appellate court in upstate New York, recently entered a novel ruling declaring unenforceable a Florida choice-of-law provision contained in an employment contract applicable to a New...more

Federal Policy Favoring Arbitration Trumps Choice-Of-Law Clause

When an arrangement to jointly design health insurance products went sour, the product company (“PBG”) brought breach of contract and tort claims against its insurance agents. Acknowledging an existing arbitration agreement,...more

Recent Fourth Department Decision Provides Guidance on the Enforceability of Restrictive Covenants

On February 7, 2014, the Appellate Division, Fourth Department, issued a significant decision regarding restrictive covenants. In Brown & Brown, Inc. v. Johnson, the plaintiffs terminated the defendant-employee and then sued...more

Thanks for Being a Delaware Corporation: Here Is Your $180,000 Franchise Tax Bill

Delaware is the state of incorporation for a majority of venture-backed and publicly-traded corporations. The Delaware courts have developed considerable expertise in dealing with corporate issues and there is a substantial...more

What Law is Used to Govern Attorney’s Fees in MDLs?

What law is used to govern attorney’s fees in MDLs? The answer is determined by a combination of the Erie Doctrine and choice of law rules. The Erie doctrine determines whether a federal court will apply state or federal law...more

Wealth Management Update - December 2013

The December § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.0%, which is unchanged from last month. The December applicable federal rate ("AFR") for use with a sale to a defective...more

Global Financial Market Insight - November 2013

Welcome - With recovery in financial markets starting to take hold it is an exciting time to launch our Global Financial Markets Insight. The purpose of our new quarterly is to help guide new and experienced users of...more

When an Out-of-State Company Can Be Sued in Massachusetts and Why You Should Care

As I discussed in a prior post, the substantive law applicable to a dispute can have a tremendous impact on its outcome. But what about the procedural law of the jurisdiction where a suit is being litigated? If that...more

More on Choice of Law Provisions in International Contracts

I would like to build on the previous posts of my colleagues Vicky Saxon and Dave Reed regarding choice of law and, in particular, choice of New York law. Desperate for a blog topic? Perhaps....more

UK High Court Revisits Issue of Where a Contract Is Formed

Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of...more

Ofcom upholds Playboy TV and Demand Adult appeal that its services do not fall within ATVOD’s jurisdiction

Ofcom upheld an appeal from Playboy TV UK and Benelux Limited (collectively the "Appellant") following a decision by the Authority for Television on Demand (ATVOD) that Playboy TV and Demand Adult (collectively the "Online...more

European Cross Border Employment Contracts: Which Law Applies?

According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward),...more

Construction E-Note - October 2, 2013

In This Issue: - Burr Appellate Victory Featured in Constructor Magazine - Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute - No Choice in the Matter - Government...more

New York May Be Your Best Bet When Choosing the Governing Law and Forum for Your Cross-Border Contract

A blog entry by my colleague David Reed spoke of the importance of choice of law and forum provisions in international contracts and suggested generally factors that might influence the choice of law and forum. The purpose of...more

The Lone Ranger Rides Again – The Fifth Circuit’s Withdrawal of its Ranger Opinion and Certification to the Texas Supreme Court

The U.S. Court of Appeals for the Fifth Circuit has responded to the request for rehearing in Ranger Insurance, Ltd. v. BP P.L.C., 710 F.3d 388 (5th Cir. Mar. 1, 2013) by withdrawing its March 1, 2013 opinion (reversing the...more

Lessons Learned from Litigators: How to Avoid Litigation When Doing a Deal

In this Publication: - 2.1 Introduction 2–1 - 2.2 General Considerations About Contract Drafting 2–2 - § 2.2.1 Does the Contract Reflect a “Meeting of the Minds”? 2–2 - § 2.2.2 The Words of the...more

Be Wary Of Illinois Choice Of Law Provisions In Non-Compete Agreements

Although this blog focuses on non-compete law in the Southeastern states, we often run into Chicago-based clients whose form non-compete agreements contain provisions requiring the contracts to be construed under Illinois...more

Choice of Law/Statute of Limitations Thwarts Class

Differences among putative class members are frequently the heart of the employer’s defense to a class action lawsuit. Such differences implicate the elements of commonality and typicality and possibly even adequacy of...more

Overlooking Choice of Law and Forum Provisions in Your International Contract is Like Playing the Lottery

Any contract between parties in different countries such as the United States and Canada heightens the risk of a conflict between different laws and court systems when resolving a contract dispute. It’s possible that the laws...more

Choice of Law Is Not Just Boiler Plate

Scott & Scott, LLP attorney, Brian Von Hatten, writes that although choice of law provisions are usually very brief, these provisions can end up having a large impact and should be given consideration during the negotiation...more

Policy’s Forum Selection Clause Found Binding on Assignee of Insured

In Kostelac v. Allianz Global Corporate & Specialty AG, 2013 WL 1668245 (11th Cir. Apr. 17, 2013) (unpub.), the 11th Circuit Court of Appeals addressed the application of the forum non conveniens doctrine to a coverage...more

Under Construction - June 2013: Colorado’s Anti-Indemnity and Additional Insured Law

The Colorado anti-indemnity statute significantly affects the enforceability of indemnification provisions in Colorado construction contracts. With some limited exceptions, construction contracts imposing broad indemnity...more

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