Forum Selection

News & Analysis as of

Federal Court in California Rules That the Federal Arbitration Act Preempts California Statute That Requires Arbitrations Relating...

Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) - A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor,...more

An Easier Path: McCarrell v. Hoffman-La Roche Paves the Way to Bring Tort Claims in New Jersey Barred by Other States’ Statutes of...

In McCarrell v. Hoffman-La Roche, Inc., 2017 WL 344449 (Jan. 24, 2017), the New Jersey Supreme Court replaced the State’s “governmental-interest” standard to resolve choice-of-law questions regarding statutes of limitations...more

Delaware corporate law and litigation: what happened in 2016 and what it means for you in 2017

Delaware has long been known as the corporate capital of the world, and it is now the state of incorporation for 66 percent of the Fortune 500 and more than half of all companies whose securities trade on the NYSE, Nasdaq and...more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Race to Courthouse in Shareholder Derivative Actions Could Raise Due-Process Issues

The Delaware Supreme Court requested further consideration of the federal due-process issues that might arise where a court is asked to hold that a shareholder derivative action is precluded because a prior derivative action...more

Choice of Forum and the Parties Matter in Med Device Cases (Particularly in Minnesota)!

The medical device industry has seen a litigation boom in recent years in non-compete litigation. A new case out of the District of Minnesota involving Medtronic, Inc. (“Medtronic”), one of the med device industry leaders,...more

Labor Code Section 925: Answers to 10 Key Questions About California’s New Limits on Out-of-State Choice of Law and Forum...

On January 1, 2017, California Labor Code Section 925 went into effect. This new provision limits an employer’s ability to require employees to enter agreements that include out-of-state choice of law and/or forum selection...more

A Software Services Agreement Checklist For Companies

Technology constantly changes. Firms are periodically put to the choice about whether to upgrade their technology or build a new platform. An expert software vendor/installer can greatly assist firms in making and...more

New Year, New Laws: What California Employers Need to Know for 2017

Once again California will ring in the New Year with a number of new laws affecting employers and employees in the Golden State. Much of this new legislation clarifies existing laws to provide guidance to employers or grant...more

New California Labor and Employment Laws for 2017

Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more

Forum Shoppers Beware (But Not in Alabama)!

Since non-compete law can vary drastically by state, many employers who operate in a multistate environment can benefit from utilizing forum-selection and choice-of-law clauses. These clauses are intended to ensure employers...more

New California Employment Laws of Particular Interest to the Hospitality Industry - December 2016

In 2016, California passed various labor and employment laws which directly impact the hospitality industry. Below is a brief summary of many of these laws, which generally take effect on January 1, 2017, unless otherwise...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Another Year, Another Set of Laws: What California Employers Should Know

In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

California Divide: What California Employers Can Expect In 2017

As California goes, so goes the nation. When it comes to employment law, the Golden State is continuing down a path of increased regulation. With 2017 right around the corner, here are some new laws California employers must...more

The Business Court Tackles Jurisdiction and Forum Non Conveniens Issues

The Tennessee Business Court found occasion to deal with personal jurisdiction and forum non conveniens issues through its recent written opinion in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al, Case No....more

Common Contractual Battlegrounds: Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

When parties enter into a domestic commercial contract, their focus is typically on memorializing their agreement and getting the deal done. As a result, they may not think critically enough about what will happen if the...more

California’s New Law Restricts Choice of Law and Forum Selection Provisions in Employment Agreements

On September 25, 2016, Governor Brown approved a very short but powerful piece of legislation for California employees who work for employers who are based outside of California and wish to have another state’s laws govern...more

Employment Law Commentary - Volume 28, Issue 10

Annual California Legislative Roundup - Now that the dust has settled on the California 2016 legislative session, it is once again time to round up and review the new laws impacting California employers. Although there...more

Employee Benefits Developments - October 2016

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of October, 2016. 2017 Benefits Limits Announced - The Internal Revenue Service and Social Security...more

Fewer Choices for Employers, More Choices for Employees – The California Legislature Is at It Again

The California State Legislature recently enacted, and the Governor signed into law in late September 2016, two new pieces of legislation that will affect employers with California employees in 2017. Senate Bill (“SB”) No....more

FAQ About California’s New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

New California Law Prevents Employers from Imposing Non-California Forum Selection or Choice of Law Provisions upon California...

As part of our efforts to update employers regarding the newly-enacted statutes that will affect employers in the coming year, this post addresses a bill recently signed into by California Governor Jerry Brown that prohibits...more

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