News & Analysis as of

Waivers Choice-of-Law

Lathrop GPM

Maryland Federal Court Recertifies Class Action Against Hotel Franchisor for Claims Related to Data Breach

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A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more

Patterson Belknap Webb & Tyler LLP

Fiduciary Duties Waivable by Contract, Precluding Claims

The U.S. Bankruptcy Court in Manhattan recently reminded us why Delaware choice-of-law provisions are so popular in limited partnership and other agreements.  In an adversary proceeding, Judge David S. Jones held that...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Holds that a Contractual Delaware Choice of Law Provision Did Not Waive Plaintiff’s Claim Under the...

In Swipe Acquisition Corp. v. Krauss, CA No. 2019-0509-PAF, 2021 WL 282642 (Del. Ch. Jan. 28, 2021), the Delaware Court of Chancery held that California public policy prohibited a purported waiver of a contractual party’s...more

Moritt Hock & Hamroff LLP

Absolution Denied? The Enforceability Of Liability Waivers In the Age Of COVID-19

In an effort to flatten New York State’s infection and hospitalization rate due to the COVID-19 pandemic, Governor Cuomo signed an executive order in March 2020, mandating statewide lockdown measures. Those measures appear...more

Snell & Wilmer

Construction in Indian Country – What You Need To Know About Sovereign Immunity

Snell & Wilmer on

There are many legal issues to consider when bidding on and building projects in American Indian Country. Which labor and employment laws apply? Are there contracting or hiring preferences that apply? Do the Prompt Pay Act...more

Holland & Knight LLP

West Coast Real Estate Update: February 2017 #2

Holland & Knight LLP on

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Allen Matkins

Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law

Allen Matkins on

A New York state of mind, but California dreaming - A sophisticated lender and borrower negotiate a loan agreement in New York, the lender disburses the loan proceeds in New York, and both parties agree that New York law...more

Allen Matkins

Forum Selection Bylaws And The California Constitution

Allen Matkins on

Last December, I briefly discussed whether a forum selection bylaw with respect to officers and directors would pass muster as a contractual choice of law. See A Forum Selection Clause Issue That You May Not Have Heard About...more

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