News & Analysis as of

Choice-of-Law Unenforceable Contract Terms

Dechert LLP

Duplicative Non-Compete Provisions in Employment Contracts Might Defang Choice of Forum Provisions in Corporate Formation...

Dechert LLP on

Repetition is not always a rhetorical virtue. Delaware entities seeking to enforce non-compete provisions exclusively in Delaware courts have now been warned: Including non-compete agreements in employment contracts with...more

Lewitt Hackman

Franchisee 101: A Franchisor Without Urgency

Lewitt Hackman on

A federal court in Alabama denied an urgent care franchisee’s motion to dismiss a suit brought by its franchisor. The franchisee argued the franchise agreement required suits to be brought within a one-year period. But the...more

Lewitt Hackman

Franchisor 101: Forum Selection Clause Gone Wrong

Lewitt Hackman on

A California Court of Appeal held that courts should not enforce forum selection clauses in contracts that also contain a jury waiver. For franchisors that have California franchisees, this ruling could complicate the ability...more

Jaburg Wilk

Employment Non-Competition Covenants- What Law Applies and Why The Answer To That Question Is So Important

Jaburg Wilk on

Many Arizona employees are often subject to non-compete agreements, or “covenants,” in which the employee agrees in advance to not compete with his or her employer for some time after leaving or being terminated by the...more

Sheppard Mullin Richter & Hampton LLP

Start Spreadin' the News: California Court Says No to New York, New York; Rejects Forum Selection Clause

Sinatra may have found success in the city that never sleeps, but a California court has just made it more difficult for any party doing business with a California resident to do the same. At least, when it comes to resolving...more

Nutter McClennen & Fish LLP

SJC Finds Massachusetts Choice of Law Provision Unenforceable as to California Employee

Last month, the Supreme Judicial Court dismissed a suit brought by a Massachusetts employer to enforce a non-compete on its California-based employee on the ground of forum non conveniens. The SJC held that the non-compete’s...more

Nutter McClennen & Fish LLP

Non-Compete Legislation Update: Why Choices of Law and Forum are a Big Deal

On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several...more

Payne & Fears

Recent Developments Regarding Noncompete Agreements

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

Proskauer - Minding Your Business

Enforcing a Jury Trial Waiver in California: An Impossible Task?

It is not uncommon for parties to enter into agreements containing jury waiver provisions. However, enforcing such provisions in California courts may be a losing battle. California has a strong public policy in favor of the...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

K&L Gates LLP

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

K&L Gates LLP on

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Refuses to Apply Texas Choice of Law to Noncompete Agreement

Companies conducting business in more than one state frequently seek to select the state law that will govern the interpretation and enforcement of their contracts by including a choice of law provision in their agreements....more

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