Forum

News & Analysis as of

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

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

Update Regarding Chevron Forum Selection Litigation: Chevron Requests Delaware Supreme Court Certification

As discussed below, on June 25, 2013, the Delaware Court of Chancery upheld the facial validity of forum selection bylaws unilaterally adopted by the boards of directors of Chevron Corporation and FedEx Corporation. In...more

International Forum Selection Clause Enforceable Against Employee, Says The Second Circuit

Martinez v. Bloomberg, LP, No. 12-3654 (2d Cir. Jan. 14, 2014): The Second Circuit confirmed that international forum selection and choice of law clauses in cross-border employment agreements are enforceable. Here, a former...more

ConstructLaw - January 2014

U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable - Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) - This action arose out of a forum-selection...more

Forum Selection Clauses in Construction Contracts: Part Two

The U.S. Supreme Court recently made our work as drafters of construction contracts a little easier. In the case of In re Atlantic Marine Construction Co., the U.S. Court of Appeals for the Fifth Circuit had refused to...more

Supreme Court Endorses Forum Selection Clauses

The Supreme Court has strongly endorsed forum selection clauses in government subcontracts. In Atlantic Marine Construction Company, Inc. v. U. S. Dist. Court, 234 S.Ct. 568 (U.S. December 3, 2013), Atlantic Marine, a...more

Back to Google’s Backyard: Forum and Venue Clause Enforced to Dismiss Putative Class Action

For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its...more

U.S. Supreme Court Clarifies How to Enforce Forum Selection Clauses

Case Summary - On December 3, 2013, the U.S. Supreme Court, in Atlantic Marine Construction Company v. United States District Court for Western District of Texas1 clarified the procedures for enforcing forum selection...more

Supreme Court Opinion Instructs on the Enforcement of Forum-Selection Clauses

On December 3, 2013, the Supreme Court of the United States issued its opinion in Atlantic Marine Constr. Co. v. U. S. Dist. Court for the W. Dist. of Tex.,—U.S.—, 134 S. Ct. 568 (2013). At issue was a forum selection clause...more

Successful Strategies For Doing Business In Asia: Indonesia

1. What role does the government of Indonesia play in approving and regulating foreign direct investment? The existing Indonesian Investment Act is Law No. 25 of 2007 passed by the Indonesian House of Representatives...more

Enforcement of Forum Selection Clauses Just Got Easier

The U.S. Supreme Court’s recent decision in Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Tex., et al., No. 12-929, 2013 U.S. LEXIS 8775, 571 U.S. ___ (2013), provides needed clarity not only on the...more

High Court's Clear and Loud Voice on Forum-Selection Clauses: Enforce Them

Last Tuesday, the U.S. Supreme Court unanimously held, in Atlantic Marine Construction Co. v. United States Dist. Ct., et al., No.-12-929 (December 3, 2013), that district courts must give valid forum-selection clauses...more

U.S. Supreme Court Issues Significant Forum-Selection Decision

There has been confusion in the courts over the years regarding the appropriate mechanism to enforce forum-selection clauses, which are now routinely included in many commercial and personal contracts. Such clauses typically...more

Trends in Exclusive Forum Bylaws: They're Valid, Now What?

For Delaware corporations facing a rising tide of strike suits, the Delaware Court of Chancery’s June 25, 2013 Boilermakers decision upholding the validity of “exclusive forum” bylaws adopted by Chevron Corporation and FedEx...more

New Case Demonstrates the Importance of Forum Selection Clauses

On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's...more

The Future of Exclusive Forum Bylaws

As we previously discussed (Should Your Board Adopt an Exclusive Forum Bylaw?, July 2013), in recent years many public companies have adopted “exclusive forum” bylaws, a trend that received a boost when Chancellor Leo E....more

BVI Case Notes, October 2013

Below is a summary of recent cases out of the British Virgin Islands (BVI) Commercial Court, compiled by Harneys’ Litigation team. Ruling on the use and status of ancillary relief proceedings and forum non conveniens...more

Corporate and Financial Weekly Digest - October 18, 2013

In this issue: - Voluntary Withdrawal of Appeal in Delaware Exclusive Forum Bylaw Case - SEC Chair Speaks on Public Company Disclosure - Identity of Heinz Traders Uncovered in $4.8 Million Insider Trading...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

Delaware Court Upholds Exclusive Forum-Selection Bylaws

On June 25, 2013, Chancellor Strine of the Delaware Court of Chancery upheld bylaws adopted by the boards of directors of Chevron Corporation and FedEx Corporation that designated Delaware as the exclusive forum for...more

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