News & Analysis as of

Exclusive Jurisdiction Forum Selection

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

Human Rights Tribunal of Ontario Confirms that Unionized Employees Still Have a Choice of Forum for Human Rights Complaints

​​​​​​​On October 4, 2022, the Human Rights Tribunal of Ontario (HRTO), released its decision in Weilgosh v. London District Catholic School Board. This HRTO decision was highly anticipated, following the Supreme Court of...more

Hogan Lovells

Lee v. Fisher: Circuit split on enforceability of forum-selection clauses - Corporate / M&A Decisions update series

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In Lee v. Fisher, 34 F.4th 777 (9th Cir. 2022), the Ninth Circuit affirmed the dismissal of a shareholder derivative suit against The Gap Inc. (Gap), alleging violations of Section 14(a) of the Securities Exchange Act of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Seventh and Ninth Circuits Split Over the Scope of Exclusive Forum Provisions

Earlier this year the United States Courts of Appeals for the Seventh and Ninth Circuits each addressed the question of whether an exclusive forum provision adopted by a Delaware company and requiring derivative litigation...more

Farrell Fritz, P.C.

Free Rein Venue Choices? Not So Fast Says the Commercial Division

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The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more

Dechert LLP

California Superior Court Enforces Federal Forum Selection Provision Under California Law

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In the first test outside of Delaware, a California court ruled that federal forum selection provisions enacted by Delaware corporations should be enforced so long as they are not unreasonable, meaning they do not alter...more

White & Case LLP

Sanctions-related amendments to the Russian Commercial Procedure Code

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This overview summarises the recent amendments to the Russian Commercial Procedure Code (“Commercial Procedure Code”) relating to disputes involving sanctioned persons. The new law, which comes into effect on 19 June 2020,...more

Proskauer - Minding Your Business

First Circuit Holds Japan is an Adequate Alternative Forum

On April 24, 2020, the First Circuit affirmed the District of Massachusetts’ dismissal of a case against General Electric on forum non conveniens grounds. In 2011, an earthquake-induced tsunami struck the Fukushima Daiichi...more

White & Case LLP

Damages for breach of an exclusive jurisdiction clause

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A recent judgment by the German Federal Court of Justice strengthens the position of companies concluding a forum selection clause in favor of German courts. If German courts are selected as the exclusive forum, bringing an...more

Morris James LLP

Chancery Upholds Austrian Forum Selection Clause

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Germaninvestments Ag. and Herrling v. Allomet Corporation and Yanchep LLC, C.A. No. 2018-0666-JRS (Del. Ch. May 23, 2019). As this case illustrates, Delaware courts generally respect and enforce forum selection clauses,...more

Jones Day

Don’t Try to Enforce Forum Selection Clauses at the ITC

Jones Day on

A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses that typically bind private parties to raise disputes in a...more

Kramer Levin Naftalis & Frankel LLP

Forum Selection in New York

Credit documents in lending transactions commonly contain a choice of forum provision setting forth the agreement of the parties to submit to the jurisdiction of the New York state courts and federal courts sitting in the...more

Latham & Watkins LLP

Rebalancing the Law on Asymmetric Jurisdiction Clauses

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The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation (the Recast Regulation). Where claims are issued by disputing...more

Locke Lord LLP

Locke Lord Article: Enforcing US Stock and Bonus Plan Provisions Against UK Executives

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Summary - Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based executives. The Issue - It is not unusual for US...more

Faegre Drinker Biddle & Reath LLP

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

Faegre Drinker Biddle & Reath LLP

"Irreconcilable Clash" of Jurisdictions

James Petter was a U.K.-based senior employee of the U.K. subsidiary of a U.S. company. As part of his compensation package, he was awarded restricted stock units (RSU) under the U.S. parent’s plan. The plan contained an...more

Morris James LLP

License Dispute Is Remanded To Court Of Chancery

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Plaintiffs seek a TRO to prevent defendant from advancing a suit in the Intellectual Property Court of Taiwan. The parties here are parties to a license with a forum selection clause whereby the parties “irrevocably consent...more

Dorsey & Whitney LLP

SEC Insider Trading Case Brought As Administrative Proceeding Enjoined

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The SEC’s shift to administrative proceedings in recent months has spawned a series of suits against the agency challenging its forum selection authority. The suits have generally met with little success. Nevertheless,...more

Katten Muchin Rosenman LLP

Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld

In City of Providence v. First Citizens Bancshares, Inc., C.A. No. 9795 (Del. Ch. Sep. 8, 2014), Delaware Chancellor Bouchard upheld a bylaw adopted by the board of directors of a corporation incorporated in Delaware...more

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