News & Analysis as of

Choice-of-Venue

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit...

by Ballard Spahr LLP on

In a 7-4 en banc decision, the U.S. Court of Appeals for the Seventh Circuit ruled that the bona fide error defense in the Fair Debt Collection Practices Act (FDCPA) did not protect a debt collector who complied with...more

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Massachusetts Court Refuses to Entertain Non-Compete Action Against California-Based Employee

A Massachusetts trial court judge sitting in the Business Litigation Session recently issued a decision, in Oxford Global Resources, LLC v. Hernandez (1684CV003911-BLS2) (June 9, 2017), refusing to enforce Massachusetts...more

Patent venue: a significant shift may be coming

by DLA Piper on

This year in TC Heartland v. Kraft Foods, the Supreme Court is poised to decide a patent venue lawsuit that could dramatically alter the landscape of US patent litigation. Currently, the Eastern District of Texas is extremely...more

In Commercial Litigation, Home-Field Advantage Can Help You Win

by SmithAmundsen LLC on

Interstate commerce is happening all around us, all the time. Companies from all over the country do business with each other. Lawsuits between these companies, however, can only occur in one place (aka venue). Does it matter...more

Choice of Venue and Maritime Lien Claims

by Dentons on

Preferred maritime liens can raise challenging issues during maritime disputes—especially during bankruptcy. Creditors may encounter problems when filing for seizure due to their unique nature, with venue is becoming a...more

California's new "choice" of law and venue rules for employment agreements

by DLA Piper on

California Labor Code section 925 will apply to employment contracts entered into, modified, or extended on or after January 1, 2017. This new law prohibits employers from requiring an employee who primarily resides and works...more

California Prohibits Employers from Requiring Out-of-State Litigation and Arbitration

On September 25, 2016, Governor Jerry Brown of California signed into law a new state statute that, in most instances, prohibits agreements requiring California-based employees to litigate or arbitrate their California-based...more

Recognition and enforcement of a Mainland judgment in Hong Kong: First reported decision

by Dorsey & Whitney LLP on

Significance of the Decision - The Mainland Judgments (Reciprocal Enforcement) Ordinance (“Mainland Judgments Ordinance”) allows recognition and enforcement of Mainland money judgments in Hong Kong by way of...more

Pending California Legislation Threatens to Eviscerate Consumer and Employment Contractual Choice of Law and Venue Provisions

Out-of-state companies doing business in California would be well-advised to look closely at a new bill pending in the California State Legislature. If you are concerned about defending litigation cases in the most...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Chancery Defers to Indian Corporation's Delaware Choice of Venue

by Morris James LLP on

In the absence of a prior-filed action in another forum, Delaware state courts will respect a plaintiff's Delaware choice of forum when faced with a forum non conveniens defense, except in the "rare case" where a defendant...more

Forum Shopping in the Ashley Madison MDL Proceedings

by McGuireWoods LLP on

As anticipated in our previous discussion of the Ashley Madison data breach litigation, lawyers representing the various putative classes have begun sparring over their preferred venues. The Missouri Jane Doe – who filed the...more

Motion To Transfer To California Is Denied

by Morris James LLP on

Plaintiff is a Delaware LLC with its principal place of business in Carmel, California. Plaintiff was formed in June 2014 and the complaint was filed in November 2014. One defendant is located in Korea, and the others...more

Court of Appeal Grants Anti-Suit Injunction

by Faegre Baker Daniels on

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

Arbitration policies for wage and hour claims

by McAfee & Taft on

As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of...more

Hague Convention Choice of Court Agreements to Take Effect in October

by Morgan Lewis on

The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement. On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more

SCOTUS Invites Solicitor General to Submit Its View on ERISA Venue Selection Provisions

We previously reported that a split Sixth Circuit panel enforced a venue selection clause in an ERISA plan. In so ruling, the Court rejected the U.S. Department of Labor’s attempt to regulate by amicus brief and reasoned...more

The ERISA Litigation Newsletter - March 2015

by Proskauer Rose LLP on

Editor's Overview - This month's newsletter discusses how to avoid liability under ERISA through plan design, including statute of limitations provisions, venue provisions, and anti-assignment provisions. Courts have...more

Reviewing 'Caesars' and Bankruptcy Venue in the Ides of March

by Morris James LLP on

The realities of the bankruptcy venue provisions require potential debtors and their advisers to prudently weigh the legal significance of a bankruptcy filing in various courts. Originally published in Delaware...more

"Trends in Chapter 11 Filings, Venue and Proposed Reforms"

Corporate Chapter 11 filings remained relatively low in 2014, down slightly from 2013, due to a robust capital market environment, low interest rates and easy access to financing. These and other factors allowed highly...more

CFPB Enforcement by the Numbers

by Latham & Watkins LLP on

A substantive and statistical analysis of the Consumer Financial Protection Bureau’s 62 publicly available enforcement actions to date reveals preliminary trends and patterns. Established in 2011 in the wake of the...more

Employee Benefits Developments - November 2014

by Hodgson Russ LLP on

Health Care Cost Consideration May Support Age Discrimination Claim. Recently, the U.S. Court of Appeals for the Eighth Circuit overturned a lower court’s summary judgment ruling against a plaintiff’s age discrimination...more

The ERISA Litigation Newsletter

by Proskauer Rose LLP on

Editor's Overview - As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more

ERISA (6th Circuit): Venue Selection Clauses Enforceable Despite Secretary of Labor Opposition

Many ERISA plans have venue provisions. The Secretary of Labor has argued in litigation, however, that these provisions are “incompatible with ERISA.”...more

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