Venue

News & Analysis as of

Chris Lazarini Provides Insight on Standards Applied to Pro Se Litigants

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case revealing that while less stringent standards are often applied to pro se litigants, courts still should require them to adhere to the procedural rules....more

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

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

Intellectual Property Newsletter - November 2016

Patent Venue at the Supreme Court - If TC Heartland has its way, patent venue law is about to fundamentally change. Factual Background - Kraft sued TC Heartland, a limited liability company organized...more

Who Knew That A Motion To Transfer Venue Could Be So Complicated?

North Carolina cases that are filed in an "improper county" can be transferred to the "proper county" if the "defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper...more

State ex rel. Heartland Title Services, Inc. v. The Honorable Kevin D. Harrell

— S.W.3d —, 2016 WL 6090816 (Mo. banc October 18, 2016) In a matter of first impression, the Missouri Supreme Court recently clarified that Missouri’s venue statute must be read to allow venue (referring to the locale...more

ISS Announces Rebranded Governance Rating System and New Factors

ISS has announced the adoption of QualityScore, a benchmark of corporate governance. QualityScore was previously known as QuickScore, and before that by the monikers “GRId” and “CGQ.” For US companies, the following is a...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

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

Be Aware – The Venue for IRS Appeals Conferences Has Changed

Effective October 1, 2016, the Internal Revenue Service (“IRS”) changed its approach to conducting appeals conferences. The changes were likely adopted by the government under the guise of efficiency and cost savings. With...more

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

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

The Principal Executive Office – It’s Not Just About Venue

Last week, I wrote about the venue implications of the location (or lack of) a corporation’s principal executive office. The location of a corporation’s PEO isn’t just about venue, however. Numerous provisions of the...more

Why The Location Of The Principal Executive Office Matters

The California General Corporation Law does not require that a California corporation have a principal executive office located in California. In fact, Section 177 explicitly contemplates that a corporation’s PEO may be...more

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees

On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of California employees. Labor Code Section 925 imposes new limits on contract provisions that seek to impose choice of law and...more

Eighth Circuit Affirms Enforcement of ERISA Plan Forum Selection Clause

The Eighth Circuit enforced an ERISA plan’s forum selection clause and denied plaintiff’s appeal to have her lawsuit for disability benefits transferred back to the District of Arizona. Plaintiff Lorna Clause, who lives in...more

California Bans Out-of-State Law

California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate...more

New California Law Prohibits Choice of Law and Venue in Employment Contracts

On September 25, 2016, Governor Brown signed into law a new California Labor Code provision (Section 925) that is likely to have major repercussions for contracts with employees who live and work primarily in California. The...more

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with...

Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more

California prohibits employee agreements providing for out-of-state venue or law

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute...more

D.C. Circuit Rejects Challenge to Appointment of SEC ALJs

While the Commission’s venue selection determinations have been repeatedly challenged, each of the decisions in favor of the agency at the circuit court level has failed to reach the merits of the Constitutional claim....more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 16:...

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive are comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

Which court is which? Brexit could impact on enforcement options for creditors within, and outside, the EU

England has been the jurisdiction of choice for European restructurings. While other jurisdictions have sought to revamp their insolvency law in recent years in an effort to chip away at the English dominance in the...more

Banking Notes: New Mississippi Law Allows Venue Selection for Shareholder Claims

The Mississippi legislature has created a new mechanism for Mississippi corporations to require that derivative and other shareholder claims be brought in the county of the corporation’s principal office instead of some other...more

Louisiana’s New Telemedicine Law Opens Doors, Removes Barriers

Louisiana’s governor signed into law, HB 570, (the “Act”), eliminating a prior requirement that physicians practicing telemedicine maintain an office in Louisiana or contract with in-state providers. The Act also changes the...more

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