News & Analysis as of

Forum Selection Choice-of-Law

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

California Courts Continue to Void Forum Selection Clauses in Franchise Agreements Under a Questionable Mutual Assent Theory

by Mulcahy LLP on

The Ninth Circuit and California Court of Appeal generally continue to render forum selection clauses in franchise agreements unenforceable. This has been a hot topic among franchise litigators and on our blog....more

How Employers Can Avoid California Labor Code Section 925

by Nilan Johnson Lewis PA on

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With...more

Recent Developments Regarding Noncompete Agreements

by Payne & Fears on

There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and geographic...more

So You’re Telling Me There’s a Chance: Vacatur of AAA Arbitration Awards in North Carolina - IADC Business Litigation Committee...

As the optimistic wisdom of Dumb & Dumber’s Lloyd Christmas instructs, the chances of winning a motion to vacate an arbitration award may be “one in a million” . . . but “there’s a chance.” Originally published in IADC...more

California Employee Required to Challenge Non-Compete Clause in Indiana

Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment...more

Choice-of-Law and Choice-of-Forum May Depend on the Choice of Where to File and When: Multi-State Employers Continue to Face...

by Fisher Phillips on

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker...more

Nebraska Court Enforces Forum Selection Clause

by Jackson Lewis P.C. on

Nebraska’s legal history on the enforceability of non-compete agreements is usually a surprise for employers who view Nebraska as pro-business. Nebraska courts routinely invalidate employee non-compete agreements that...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...

by K&L Gates LLP on

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

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

by McManis Faulkner on

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

by Holland & Knight LLP on

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)!

by Fisher Phillips on

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

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

by Buchalter on

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

[Webinar] Employment and Severance Agreements At Home and Abroad - Part 2: Employment Agreements (Two Part Series) - December 7th,...

by Locke Lord LLP on

Please join us for another of Locke Lord’s informative live webinars: a practical overview of employment agreements around the globe. On December 7th, our panel of speakers will discuss key aspects of employment agreements,...more

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

by Weintraub Tobin on

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

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

by K&L Gates LLP on

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...

by Kelley Drye & Warren LLP on

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

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....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

No Way Around It: SB 1241 Further Restricts Non-Compete Agreements For California Workers

Companies often seek to protect their trade secrets by requiring employees to sign non-compete agreements. California law invalidates such provisions except in very limited circumstances. See Bus. & Prof. Code §§ 16600 et...more

New California Bill Targets Choice of Law and Forum Provisions in Employment Contracts

by Blank Rome LLP on

Action Item: California Bill 1241 may give employees the power to void choice of law and forum provisions that subject employees to the laws of states other than California. The bill, which was passed on September 25, 2016,...more

California Places Limits on Forum Selection and Choice of Law Provisions in Employment Agreements

by Faegre Baker Daniels on

Employees who primarily reside and work in California will soon have additional grounds to void forum selection and choice of law provisions included in employment-related agreements. Senate Bill 1241 - Under...more

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