Forum Selection Clause

News & Analysis as of

Second Circuit Holds Subsequent Forum-Selection Clause Trumps FINRA Arbitration Requirement

The Second Circuit joined the Ninth in holding that a subsequent contractual forum-selection clause requiring federal-court litigation trumps the base requirement that FINRA member firms must arbitrate upon a customer’s...more

Second Circuit Rules Broad Forum Selection Clause Trumps FINRA Rule Requiring Arbitration

On August 21, 2014, the United States Court of Appeals for the Second Circuit joined the Ninth Circuit in holding that FINRA rules requiring arbitration of customer disputes may be superseded by an agreement between a member...more

Sovereign Litigation in Latin America: Top Five Issues To Think of When Doing Business With a Latin American Country

“We are in the soup” exclaimed, federal judge Thomas Griesa, referring to Argentina allegedly defaulting on its sovereign bonds. And so we are. According to bondholders, on July 30 of 2014, Argentina defaulted on its...more

Convenience Trumps Potentially Higher Royalties

In re Nintendo of America, Inc. - The U.S. Court of Appeals for the Federal Circuit vacated a denial of a motion to sever and transfer, directing the district court to grant petitioner’s motion because the transferee...more

Significant Legislation Affecting Business Passed by General Assembly

At the end of last week, the North Carolina General Assembly passed significant legislation affecting the State’s business legal climate. With large bipartisan majorities, the Legislature adopted Senate Bill 853 (SB 853),...more

District Court in Pennsylvania Concludes that CASPA Prompt Payment Act Does Not Override Unambiguous Forum Selection Clause

This action arose out of the construction of the Mohegan Sun Hotel in Luzerene County, Pennsylvania. General contractor Killian Construction Co., Inc. (“Killian”) retained KNL Construction, Inc. (“KNL”) as a subcontractor to...more

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

On Monday, July 21, 2014, the California Court of Appeal issued its opinion in Galen v. Redfin Corp., A138642. This case is important for two reasons: the court upheld an arbitration agreement between a Seattle-based company...more

Amending Your Bylaws to Mitigate the Cost of Shareholder Litigation: Fee-shifting and forum selection provisions

Shareholder litigation is on the rise, increasing the cost of doing business; and companies often face litigation on multiple fronts, further increasing litigation exposure. In 2013, 94 percent of M&A deals were challenged by...more

The Ropes Recap: Mergers & Acquisition Law News - Second Quarter 2014

In this issue: -Delaware Legislative Update -Delaware Supreme Court Upholds Facial Validity of Fee-Shifting Provisions in Bylaws of Delaware Non-Stock Corporation -News from the Courts: -Court...more

Warning from the U.S. Supreme Court: In Contracts, Preselect Your Forum Carefully

When litigation actually ensues, however, a party might regret agreeing to the forum in the clause. Imagine if that litigant files suit in a different forum. Can the other party enforce the clause and move the case to the...more

Class Action Roundtable - July 2014

Executive Summary: MODERATOR: What are the implications of Daimler AG v. Bauman? How will the Court’s decision impact the ability to bring class actions against large, multi-site corporations? STEVEN ELLIS:...more

Federal Court Rules Boilermakers Didn’t Decide All Issues And Orders Company To File A Form 8-K

At first glance, the plaintiff’s position in Bushansky v. Armacost, 2014 U.S. Dist. LEXIS 88072 (N.D. Cal. June 25, 2014) seems a bit peculiar. The plaintiff had filed suit challenging Chevron Corporation’s adoption of an...more

Focused on Franchise Law - June 2014

FRANCHISEE 101: Unsigned Franchise Agreement Binds Franchisee's Shareholder - Texas Appeals Court recently held in Pritchett v. Gold's Gym Franchising, LLC that a Texas forum-selection clause in a Franchise Agreement...more

Establishing Personal Jurisdiction Over Foreign Corporations in ANDA Cases

In this BNA Insight, attorney Paul Ragusa examines the impact of a recent U.S. Supreme Court decision on litigation involving foreign corporations and abbreviated new drug applications. He says it may become more challenging...more

Is Forum Shopping for Equal Rights on the Horizon?

Race discrimination claims brought by members of the racial majority have long been recognized as legitimate claims under Title VII of the Civil Rights Act of 1964 (Title VII) and various state discrimination laws. However,...more

A Shot In A Mug Of Beer May Not Be The Answer To This Exclusive Forum Bylaw Case

In March, Safeway and Albertsons announced that they had entered into a definitive merger agreement. As night follows day, litigation ensued. At least 12 class action complaints were filed by alleged stockholders of...more

Eleventh Circuit Vacates Dismissal of Breach of Contract Claim

The US Court of Appeals for the Eleventh Circuit found that the US District Court for the Southern District of Florida abused its discretion by dismissing an action for forum non conveniens without evaluating the significance...more

N.D. Cal. Validates Forum Selection Clause In Website’s Hyperlinked Terms Of Use

On April 11, the U.S. District Court for the Northern District of California held that the forum selection clause within a website’s terms of use provisions, which an online customer had to accept in order to proceed with the...more

Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

Choice of Forum in Federal Excise Tax Refund Cases

To challenge an administrative determination and assessment of federal excise tax, taxpayers in refund cases have a choice of two different federal courts to bring an action: the U.S. federal district court and the U.S....more

Business Litigation Alert: "Don’t Ignore the Forum-Selection Clause "

Ensuring Litigation Occurs Where You Want It - Companies often include a forum-selection clause in their written agreements to determine where any litigation proceedings will occur. Just as often, however, companies...more

Forum Selection Clauses: More Than Just Boilerplate

Clients often ask whether all those “boilerplate” clauses at the end of a commercial contract are really necessary, and if so, why can’t they just be copied and pasted from earlier agreements. This article will focus on just...more

Supreme Court Endorses Use of Forum Selection Clauses

Most employment agreements contain a forum selection clause. This means that the parties agree that any dispute under the contract must be litigated in the named state or federal court jurisdiction. For employers, in most...more

Commercial Division Enforces Forum-Selection Bylaw

Delaware courts have recently approved of corporate forum-selection bylaws, in which corporations select a single, exclusive forum — typically, the Delaware Chancery Court — for suits, including shareholder derivative suits,...more

You Better Forum-Shop Around . . . While You Still Can

On January 31, 2014, Chevron Corporation moved to certify to the Delaware Supreme Court the question of whether exclusive forum bylaws are valid under Delaware law. Chevron filed its motion before the Honorable Jon S. Tigar...more

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