News & Analysis as of

Choice-of-Venue

Porter Hedges LLP

Should I File My Next Construction Case in the New Texas Business Court? Maybe. (Nov 2025 Update)

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In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas...more

Weber Gallagher Simpson Stapleton Fires &...

Key Witnesses and Critical Distance: Tranter Reaffirms Venue Transfer Standards

You know the emergency response is not good when you get a call at 4:30 a.m. telling you to turn on CNN. On January 5, 2020, a Z&D Tour Bus carrying 59 passengers on board rolled over on the Pennsylvania Turnpike in...more

Amundsen Davis LLC

Illinois Employers, It’s Time to Review and Revise Your Employment Agreements

Amundsen Davis LLC on

On August 15, 2025, Governor Pritzker signed House Bill 3638 (H.B. 3638) into law, which amends the Illinois Workplace Transparency Act (the “Act”) to provide current, former, and prospective employees with greater rights and...more

Marshall Dennehey

Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form

Marshall Dennehey on

Somerlot v. Jung, 2025 Pa. Super. 166 (July 30, 2025) - The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: September 2025 Decisions

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In this post: (1) Courts find cookie banners and sign-in banners place users on notice of privacy policy; (2) but policy must explicitly notify users of practice to establish consent; (3) Courts disagree whether disclosure of...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - October 2025

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This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD...more

Fox Rothschild LLP

The Clause That Can Cost the Most If You Get It Wrong

Fox Rothschild LLP on

The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of delay and millions in cost....more

Offit Kurman

Shutting Down a Scam Lawsuit in Three Days

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Imagine waking up to a bank notification that you just received money from a total stranger. That’s exactly what happened to a recent out-of-state client. Eight months pregnant, no ties to Virginia, and without a clue as to...more

Stradling Yocca Carlson & Rauth

California Business Divorce: You Might Have to Get a Business Divorce in Delaware Without a Jury

If your company documents require disputes to be litigated in the Delaware Court of Chancery, you may have to resolve your business divorce without a jury trial, even if California law would otherwise guarantee one....more

Marshall Dennehey

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a...

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Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients....more

Blake, Cassels & Graydon LLP

SCC Clarifies Contract-Based Jurisdiction in Cross-Border Disputes

In Sinclair v. Venezia Turismo (Sinclair), the Supreme Court of Canada (SCC) clarified when Canadian courts can assume jurisdiction over international or interprovincial disputes. A contract made in a Canadian province and...more

Lathrop GPM

Ohio Federal Court Dismisses Perpetrator Liability Sex Trafficking Claims Against Hotel Defendants, Allows Vicarious Liability...

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A federal court in Ohio recently granted, in part, defendants’ motion to dismiss various TVPRA claims and denied their motion to transfer in a suit concerning alleged sex trafficking at two Red Roof Inn locations in Virginia...more

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

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During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Pullman & Comley, LLC

Location, Location, Location: Connecticut Legislature Clarifies Venue Rules

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Public Act 24-108, passed at the conclusion of Connecticut’s 2024 Legislative Session and signed into law by Governor Lamont on June 4, brings needed statutory clarity to where a business entity may initiate a lawsuit in...more

Troutman Pepper Locke

The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs

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A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident....more

Lewitt Hackman

Franchisor 101: Not at Liberty to Change Venue

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A Dallas-based federal district court denied a franchisor’s request to keep its action against former franchisees in Texas and transferred the action to the Eastern District of Virginia....more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Davis Wright Tremaine LLP

Minnesota Legislature Passes Bill Banning Most Noncompete Agreements

The Minnesota Legislature passed a bill, which Governor Tim Walz signed into law on May 24, 2023, that renders most future noncompete agreements with an employee or independent contractor void and unenforceable. The bill is...more

Sheppard Mullin Richter & Hampton LLP

Colorado’s New Restrictive Covenant Law Now Effective

On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more

Seyfarth Shaw LLP

Massachusetts’ “Provincial” Forum Selection Requirement May Not Trump Reasonable Foreign Forum Selection Clause

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Nearly five years ago, the Massachusetts Noncompetition Agreement Act (“MNAA”, also sometimes abbreviated as the “MNCA”) went into effect. That statute ushered in new requirements for non-competes in the Bay State (including...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"

Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more

Morrison & Foerster LLP

Preparing for Colorado’s New Limits on Employee Non-Competes

Continuing the ongoing trend of states placing restrictions on employee non-competes, on May 10, 2022, the Colorado General Assembly passed a bill amending C.R.S. § 8-2-113 (the “Amendment”) and adding significant limitations...more

Holland & Hart LLP

Drafting Checklist for a Nondisclosure Agreement

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Nondisclosure agreements—called NDAs—are one of the most common types of business contracts. They are used in many situations in the pet care industry—exploring the possibility of mergers and acquisitions of veterinary...more

Patterson Belknap Webb & Tyler LLP

Forum Selection Clauses: Commercial Division Issues Reminder That Choice of Venue Must Be Designated with Specificity

Forum selection clauses are a common feature of commercial arrangements, allowing contracting parties to opt out of default procedural rules and determine ex ante which state will have jurisdiction over any future dispute...more

Thompson Coburn LLP

A race between West Texas and Delaware for the patent venue of choice

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A new judge with patent experience, aggressive local patent rules and favorable jury verdicts have shifted the regular patent forums. For years, the Eastern District of Texas was the venue of choice for thousands of patent...more

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