News & Analysis as of

Contract Terms Dispute Resolution Forum Selection

Lathrop GPM

California Federal Court Grants Remediation Franchisor’s Motion to Stay Proceedings

Lathrop GPM on

A federal court in California recently granted Ringside Development Company’s motion to stay a franchisee-initiated lawsuit pending resolution through alternative dispute resolution. Jameson v. Ringside Development Company,...more

Husch Blackwell LLP

Fifth Circuit: Reference to Defunct Entity Did Not Abrogate Intent to Arbitrate

Husch Blackwell LLP on

The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, finding that the parties’ arbitration clause expressed a clear intent to arbitrate and that the reference in...more

Faegre Drinker Biddle & Reath LLP

The Fifth Circuit Held That Parties to an Arbitration Agreement Must Arbitrate Their Claims Even If the Forum They Selected No...

The U.S. Court of Appeals for the Fifth Circuit recently compelled two parties to arbitrate their claims despite the abolishment of the forum that they selected in their international commercial arbitration clause. The case...more

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

Womble Bond Dickinson on

Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more

Lathrop GPM

California Federal Court Grants Franchisor’s Motion to Compel Arbitration but Finds Forum Selection and Choice of Law Clauses...

Lathrop GPM on

A federal court in California recently granted franchisor Spiffy Franchising, LLC’s motion to compel arbitration of a franchisee’s claims, but found the North Carolina forum selection and choice of law provisions in the...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - Time to Go to Court? Part II

When negotiating supply contracts, the logistics of possible future litigation may not be top of mind. No one wants to talk about the details of their divorce while they are still in the honeymoon stage. And while the topic...more

K&L Gates LLP

Litigation Minute: Choice of Law and Forum Clauses in Deal Work (Deal Litigation Series: Part Four of Four)

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Choice of Law (COL) and Choice of Forum (COF) clauses are not like cheap baseball caps—one size does not fit all. While these provisions may not be scintillating, they are important...more

Latham & Watkins LLP

Enforceability Errors: Avoiding a Common Pitfall in NDAs

Latham & Watkins LLP on

US parties should consider international arbitration, rather than standard NDA dispute resolution provisions, to resolve disputes that include a foreign counterparty. Key Points: ..Injunctive relief ordered by a US...more

Farella Braun + Martel LLP

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

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