Choice-of-Venue

News & Analysis as of

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

FRANCHISOR 101: Venue and Choice of Law Provisions Not Enforceable in California

In 2013, Pepe's Franchising, a U.K. company, entered into a Master Franchise Agreement with Frango Grill, based in California, granting the right to operate and franchise Pepe's restaurants in California. The Agreement's...more

Include a Choice of Venue Clause

As franchise systems expand into multiple jurisdictions, the choice of venue and choice of law clauses are critical to avoiding litigation delays. In a country like Canada, where the regulation of franchises varies between...more

Sixth Circuit Declines Deference to DOL and Enforces Venue Selection Clause

The Sixth Circuit recently held that a venue selection clause in an ERISA-governed pension plan was enforceable and, in so ruling, refused to give deference to the DOL’s contrary position. See Smith v. AEGON Cos. Pension...more

UPDATE: Leaving Las Vegas (but What is Filed in Delaware Stays in Delaware)

On Thursday, May 22, 2014, Judge Sontchi upheld the Energy Futures Holdings debtors’ chosen venue in Delaware, denying the second-lien holders’ motion to transfer the bankruptcy case to Texas. In arriving at this decision,...more

Quirky Question #226, One-Size-Fits-All National Non-Compete?

We are a business headquartered in Minnesota. We plan to expand into other states but have concerns with investing the time and money in training new employees in a very competitive industry. We currently have our Minnesota...more

Your Venue, My Bond Claim: A Florida Law Primer

Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's...more

Contractual Venue Provision Was Enforceable

In In re Mark Fisher and Reese Boudreaux, the Texas Supreme Court held that a contractual venue agreement was enforceable and overrode the statutory venue requirements for the plaintiff’s claims, including tort claims. The...more

Choice of Venue in International Arbitration

The choice of venue for an international arbitration can cause significant repercussions once a dispute arises. So parties should choose carefully, depending on their specific concerns. Claudia Salomon, Latham & Watkins...more

Contract made in two places at once - a possibility under UK law

The High Court of England and Wales has recently decided that a contract can, in principle, be made in two separate jurisdictions at the same time if the contract does not include choice of law and jurisdiction clauses. In...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

Responding To Professor Bainbridge’s Response

Last week, Professor Stephen Bainbridge posted this response to my post on post on exclusive forum selection bylaws in light of Chancellor Strine’s opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corporation,...more

Florida Supreme Court Modifies State Forum Non Conveniens Doctrine As To The Level Of Deference Owed To An Out-Of-State...

On June 20, 2013, the Florida Supreme Court issued its decision in Cortez v. Palace Resorts, Inc., Case No. SC11-1908, addressing Florida’s forum non conveniens doctrine (a version of the federal standard). ...more

Court Of Appeal Validates Contractual Choice Of Venue

In this November of 2010 post, I considered whether venue selection agreements are valid in California. I noted that the California Supreme Court had held that venue selection provisions are void. General Acceptance Corp. v....more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

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