News & Analysis as of

Choice-of-Venue

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

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During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Pullman & Comley, LLC

Location, Location, Location: Connecticut Legislature Clarifies Venue Rules

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Public Act 24-108, passed at the conclusion of Connecticut’s 2024 Legislative Session and signed into law by Governor Lamont on June 4, brings needed statutory clarity to where a business entity may initiate a lawsuit in...more

Troutman Pepper

The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs

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A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident....more

Lewitt Hackman

Franchisor 101: Not at Liberty to Change Venue

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A Dallas-based federal district court denied a franchisor’s request to keep its action against former franchisees in Texas and transferred the action to the Eastern District of Virginia....more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Davis Wright Tremaine LLP

Minnesota Legislature Passes Bill Banning Most Noncompete Agreements

The Minnesota Legislature passed a bill, which Governor Tim Walz signed into law on May 24, 2023, that renders most future noncompete agreements with an employee or independent contractor void and unenforceable. The bill is...more

Sheppard Mullin Richter & Hampton LLP

Colorado’s New Restrictive Covenant Law Now Effective

On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more

Seyfarth Shaw LLP

Massachusetts’ “Provincial” Forum Selection Requirement May Not Trump Reasonable Foreign Forum Selection Clause

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Nearly five years ago, the Massachusetts Noncompetition Agreement Act (“MNAA”, also sometimes abbreviated as the “MNCA”) went into effect. That statute ushered in new requirements for non-competes in the Bay State (including...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"

Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more

Morrison & Foerster LLP

Preparing for Colorado’s New Limits on Employee Non-Competes

Continuing the ongoing trend of states placing restrictions on employee non-competes, on May 10, 2022, the Colorado General Assembly passed a bill amending C.R.S. § 8-2-113 (the “Amendment”) and adding significant limitations...more

Holland & Hart LLP

Drafting Checklist for a Nondisclosure Agreement

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Nondisclosure agreements—called NDAs—are one of the most common types of business contracts. They are used in many situations in the pet care industry—exploring the possibility of mergers and acquisitions of veterinary...more

Patterson Belknap Webb & Tyler LLP

Forum Selection Clauses: Commercial Division Issues Reminder That Choice of Venue Must Be Designated with Specificity

Forum selection clauses are a common feature of commercial arrangements, allowing contracting parties to opt out of default procedural rules and determine ex ante which state will have jurisdiction over any future dispute...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2021: Watching the Pot™

CBD Extraction Showdown: Canopy Growth Sues GW Pharma - In a patent showdown between two high-profile players in the emerging cannabis industry, Canadian corporation Canopy Growth has sued UK-based specialty pharmaceutical...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

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The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

Faegre Drinker Biddle & Reath LLP

Illinois Supreme Court Holds Employee’s Office At Home Not Sufficient to Establish Venue

The Illinois Supreme Court recently held that the presence of an employee’s home office was not sufficient to establish venue in Cook County for a negligence action arising out of a vehicle accident in Ohio. Tabirta v....more

Foley & Lardner LLP

Considerations For Health Club Owners Defending COVID-19 Related Consumer Class Actions

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Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against companies who own and/or operate fitness and health clubs. The lawsuits seek refunds of assessed...more

American Conference Institute (ACI)

[Webinar] Fraud and Asset Tracing War Stories - August 11th, 10:00 am - 11:00 am EDT

We invite you to join leading fraud, asset tracing and recovery experts at ACI’s Virtual “War Story” Boardroom - a complimentary, 1-hour webinar for a candid discussion of recent war stories. Don’t miss a worthwhile...more

Mintz - Intellectual Property Viewpoints

Judge Albright to Apple: Yes, You Can Be Sued Outside Northern California

Judge Albright of the Western District of Texas (“WDTX”) recently rejected yet another attempt by Apple to transfer a patent case to the Northern District of California (“NDCA”). Judge Albright’s June 19, 2020 order describes...more

Proskauer - Minding Your Business

Court Determines New York’s Recently Amended Venue Provision Does Not Limit Where Lawsuits Between Non-Residents May Be Filed

In 2017, New York amended its general venue statute. For as long as New York’s Civil Practice Law and Rules has existed, the general venue statute (CPLR § 503(a)) placed proper venue solely based on residence of the parties....more

Benesch

M&A Pitfalls in the Cannabis Industry

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M&A is nothing new to the cannabis sector. The industry has experienced substantial consolidation activity to date and this trend will only increase in the months and years to come. However, if cannabis companies looking to...more

McDermott Will & Emery

Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff Immune to Venue Transfer

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The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - September 2019

PATENT CASE OF THE WEEK - Board of Regents of the University of Texas Sys. v. Boston Scientific Corp., Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019) - This week’s case of the week involves issues relating to venue...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – July 2019

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Introduction - Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the...more

Proskauer - Law and the Workplace

Non-Competes in Washington – Over-Reaching Could Cost Employers

Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January...more

Carlton Fields

Ninth Circuit Finds No Foreign Arbitration Award to Uphold

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Foreign arbitration awards must generally be upheld in the United States under treaty obligations. Upholding a foreign award requires that there actually be an arbitration award, however. For that matter, it requires an...more

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