Forum Selection Clause

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Supreme Court Agrees To Review Standard For Enforcement Of Forum Selection Clauses

by BuckleySandler LLP on 4/10/2013

On April 1, the U.S. Supreme Court agreed to review a decision from the U.S. Court of Appeals for the Fifth Circuit that denied a mandamus petition against a district court that held that when a forum-selection clause...more

Nevada Legislature Considers Bill To Authorize Forum Selection Charter Provisions

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/4/2013

Late last month, the Nevada Committee on Judiciary introduced a bill that would, among numerous other things, authorize forum selection provisions in corporate and other Nevada entity charters. If SB 441 is enacted, a...more

Supreme Court Agrees To Decide Procedure for Enforcing Forum Selection Clauses

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 4/2/2013

Agreeing to review an important issue that has divided the federal circuit courts, the U.S. Supreme Court announced yesterday that it will decide the proper procedural vehicle for enforcing forum selection clauses. ...more

Purchase Timing A Wall To Facebook Derivative Litigation Despite Unenforceability Of Forum Selection Clause

by Jim Kramer, Paul Rugani, Alex Talarides | Orrick - Securities Litigation and Regulatory... on 3/26/2013

Four derivative lawsuits against Facebook’s directors relating to alleged disclosure issues surrounding the company’s initial public offering have a new status: Dismissed. Last month, Judge Robert Sweet of the Southern...more

Trial Court Could Look Beyond Four Corners of Complaint To Dismiss Case Based on Forum Selection Clause

by Brian Willis | Shumaker, Loop & Kendrick, LLP on 3/25/2013

Plaintiff sued defendant for statutory and tort claims. Defendant moved to dismiss per Fla. R. Civ. P. 1.140 based on forum selection clause in contract signed with Plaintiff that governed all disputes between the parties....more

Appellate Notes: Week of March 18, 2013

by Edward McCreery III | Pullman & Comley, LLC on 3/22/2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Jurisdiction and Venue

by Patton Boggs LLP on 3/20/2013

In 2012, several courts faced the challenge of whether a foreign reinsurer is subject to the personal jurisdiction of U.S. courts and consistently held that contracting with a cedent who conducts business in a particular...more

Non-Compete and Trade Secret Review for February 2013

by Michael Greco | Fisher & Phillips LLP on 3/5/2013

February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you...more

Federal Court Upholds Delaware Forum Selection Notwithstanding California Securities Law Claims

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/16/2013

Corporations Code Section 25701 is California’s anti-waiver statute. It provides that “Any condition, stipulation or provision purporting to bind any person acquiring any security to waive compliance with any provision of...more

Forum Selection Bylaws And The California Constitution

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/15/2013

Last December, I briefly discussed whether a forum selection bylaw with respect to officers and directors would pass muster as a contractual choice of law. See A Forum Selection Clause Issue That You May Not Have Heard About...more

Playing the California Card Doesn't Always Work

by Kenneth Vanko | Clingen Callow & McLean, LLC on 1/12/2013

Anyone familiar with non-competes knows that California is somewhat of an outlier state. Non-compete agreements, even non-solicitation agreements, are highly disfavored and almost always unenforceable except within a narrow...more

Type of Nonsolicitation Clause May Influence Proper Venue

by Kenneth Vanko | Clingen Callow & McLean, LLC on 12/26/2012

In the past, I have assiduously avoided discussion of venue and jurisdiction disputes. These arise with alarming frequency in non-compete litigation. By and large, they are dull and uninteresting topics that only lawyers can...more

Tenth Circuit Enforces Electronic Agreement Entered Into On An Installation Technician’s Laptop

by BuckleySandler LLP on 12/19/2012

On December 11, the U.S. Court of Appeals for the Tenth Circuit affirmed dismissal of plaintiffs’ claims concerning AT&T’s U-Verse services, based on forum selection and arbitration clauses in the agreements between the...more

A Forum Selection Clause Issue That You May Not Have Heard About Until Now

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/5/2012

In a forthcoming paper, Professor Joseph A. Grundfest at Stanford Law School examined the incidence of forum selection provisions by chartering and headquarters jurisdictions. It may come as a surprise to very few that...more

Picking Courts: Forum-Selection in License Agreements

by Field Law on 12/4/2012

Any well-drafted technology or patent license agreement will contain dispute resolution provisions that may cover a number of things: such as picking a governing law in case of disputes, mandating arbitration or other...more

Can CalPERS Be Sued In Federal Court Or Perhaps Even New York State Court?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/4/2012

The California Public Employees’ Retirement System began lending securities in the early 1980s. Since the early 1990s, CalPERS has used the Master Securities Loan Agreement (MSLA) originally developed by the former Bond...more