Forum Selection

News & Analysis as of

Which Comes First, Rescission Or Choice Of Forum?

A recent ruling by U.S. District Court Judge Arthur D. Spatt raises the interesting question of whether a choice of law provision can be vitiated by rescission. The case, Hatteras Enterprises, Inc. v. Forsythe Cosmetic...more

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Where a case is heard can make a critical difference to a company that is being sued. Will the company have the “home court” advantage and a jury that will know the company’s business, that the company employs people in the...more

FINRA Defends Mandatory Arbitrations; Threatens Discipline

In a July 22 Notice, FINRA took umbrage at a growing line of Court decisions suggesting that a later or more-specific forum selection clause in an agreement between the parties may override a prior customer arbitration...more

Financial Services Weekly News - July 2016 #4

Editor's Note - What Exactly Is Bitcoin? In a case featuring a sting operation beginning with meetings in a coffee shop, ice cream store and hotel lobby and ending with the sale of bitcoins to an undercover Miami Beach...more

Michael Fiddy, Co-chair of DLA Piper's global restructuring group, reflects on significant restructuring developments around the...

This edition of Global Insight comes to you shortly after the United Kingdom voted to leave the European Union. The morning after the vote we provided clients with a summary of its immediate impact, stressing that the...more

No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum **WEB ONLY**

Addressing waiver of a contractual forum selection clause, the US Court of Appeals for the Fifth Circuit affirmed a lower court’s enforcement of the clause and subsequent dismissal of a trade secrets case, finding that the...more

Business Litigation Report - June 2016

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications - Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and...more

Full Federal Circuit Denies En Banc Review of Jurisdictional Decision with Important Implications for BPCIA Litigation

On June 20, 2016, the full Federal Circuit denied Mylan’s petitions for rehearing en banc in Acorda Therapeutics Inc. v. Mylan Pharms. Inc., 817 F.3d 755 (Fed. Cir. 2016), leaving intact the panel’s decision affirming two...more

Judge Woods Holds Multiple Lawsuits on Same Patent Is Not A “Meaningful Connection” to S.D.N.Y. For Venue

On June 1, 2016, District Judge Gregory H. Woods (S.D.N.Y.) granted Defendant ASUS Computer International’s (“ACI’s”) motion to transfer its patent infringement suit to the Northern District of California, where it is...more

North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract

An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and, most importantly, where they will arbitrate and what state's laws will apply. A recent...more

"Court of Chancery Continues to Clarify Views of Disclosure-Based Deal Litigation Settlements"

As previously discussed in Insights: The Delaware Edition, throughout the second half of 2015, the Delaware Court of Chancery began to question its long-standing practice of approving deal litigation settlements involving...more

New York Appellate Division Reverses Order Compelling Arbitration And Reinstates Complaint Based Upon Terminated Agreement’s Forum...

New York’s First Department finds there was no clear manifestation parties had abandoned a forum selection clause by a later agreement which mandated arbitration in London. In 2000, the parties entered into two agreements:...more

Federal Circuit Rejects Attempt to Limit Venue in Patent Cases

With venue for patent cases being a subject of great debate across the nation, the Federal Circuit was asked to reconsider its position on the matter but ruled on April 29, 2016, to maintain the status quo. The current...more

Federal Circuit Unanimously Declines Invitation to Limit Venue in Patent Infringement Cases in In Re: TC Heartland LLC

On April 29, 2016, the Federal Circuit issued its decision in In re: TC Heartland LLC (No. 2016-105), denying TC Heartland LLC’s petition for a writ of mandamus to direct the United States District Court for the District of...more

Using Independent Sales Representatives to do Business in the United States

Domestic and foreign manufacturers and suppliers that sell their products at wholesale in the United States may benefit from contracting with local independent sales representatives in the United States to help promote sales...more

Yet Another Trap for the Unwary : Forum Selection – Don’t Get Dragged Across the Country

Recently I came across an article that led me to a case that dealt with the seemingly innocuous and often perfunctory forum selection clause. In the case (Liddell Bros. v. Impact Recovery Sys., 2016 U.S. Dist. LEXIS 36258...more

Facebook Follows Google to the SCC

By Richard Stobbe A class action case against Facebook...is heading to the Supreme Court of Canada. ...more

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

Bridging the Week - April 2016

GAO Claims US Financial Services Regulation Still Complex and Fragmented - Last week, the US Government Accountability Office reported that US oversight of financial services entities and products has not meaningfully...more

London's Financial List: A choice of forum crossroads

On 1 October 2015, a specialist banking and financial markets dispute resolution forum known as the Financial List came into operation. The Financial List is situated in the Rolls Building in London, and proceedings may be...more

March 2016 Life Sciences Litigation Update

Federal Circuit Affirms Broad Personal Jurisdiction Over ANDA Filers. On March 18, 2016, in the first decision of its kind since the U.S. Supreme Court decided Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Federal...more

Beware the “Non-Exclusive” Arbitration Clause

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

Atlantique Productions S.A. v. ION Media Networks Inc. - USCA, Ninth Circuit, March 18, 2016

Ninth Circuit affirms ruling in favor of defendant ION Media Networks on French television producer’s claims for breach of contract, promissory estoppel and fraud, finding no contract existed because parties agreed to be...more

Plaintiff’s Standing And Choice Of Forum Are Upheld

Robinson, J. Defendant’s motion to transfer is denied. Defendant’s motion to strike plaintiff’s motion for a preliminary injunction is denied. Defendant seeks to transfer this action to the Northern District of...more

SEC Speaks 2016: Enforcement Agenda Goes Beyond Disclosure

At the annual “SEC Speaks” conference held February 19-20, 2016, in Washington, D.C., the U.S. Securities and Exchange Commission’s senior leadership reviewed the agency’s efforts and priorities in 2015 and previewed upcoming...more

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