News & Analysis as of

Venue Contract Terms

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

Ward and Smith, P.A.

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive...

Ward and Smith, P.A. on

It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compete...more

Jenner & Block

The “Defensive” 401(k) Plan

Jenner & Block on

No good deed goes unpunished. Those of us working with 401(k) plans are familiar with this sentiment. An employee benefit plan, as the name implies, is supposed to benefit employees. Yet benefit plans – particularly 401(k)...more

Farrell Fritz, P.C.

Business Divorce Alert: Forum Selection Clauses Do Not Confer Subject Matter Jurisdiction in Foreign Entity Dissolution Cases

Farrell Fritz, P.C. on

As I wrote here, in 2016 the Manhattan-based Appellate Division, First Department decided Raharney Capital LLC v Capital Stack LLC, overruling its own precedent and joining appellate rulings by the other Departments holding...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Bilzin Sumberg

Appellate Court Narrowly Interprets Subcontract’s Venue Selection Provision in Payment Bond Lawsuit Against Surety

Bilzin Sumberg on

Analysis of Southeastern Concrete Constructors, LLC v. W. Sur. Co., No. 2D20-2475, 2021 WL 2557297, (Fla. 2d DCA June 23, 2021) - One frequent consideration on the minds of those drafting construction contracts is the...more

Ward and Smith, P.A.

Hemp Suits: Proactive Risk Management is Key

Ward and Smith, P.A. on

Business transactions come with the risk that litigation may arise at some point in the life of the parties' dealings. Transactions involving hemp—whether pertaining to its growth, production, or sale—are not immune. In...more

Proskauer - Employee Benefits & Executive...

District Court Enforces Forum Selection Clause in Employer’s Benefits Plan

A federal district court in North Carolina enforced a forum selection clause in a short-term disability plan and on that basis transferred the case to Wisconsin federal court. In so ruling, the court explained that ERISA’s...more

BCLP

English Arbitration Clause Trumps Washington Court Service of Suit: Catlin Syndicate Ltd v Weyerhaeuser Company

BCLP on

Catlin (“C”) insured Weyerhaeuser (“W”) who are a timber business on the fourth layer of an excess-of-loss insurance policy. W issued Court proceedings in Washington State seeking a declaration that the Washington District...more

Skadden, Arps, Slate, Meagher & Flom LLP

Drafting International Dispute Resolution Clauses

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more

Mintz - Arbitration, Mediation, ADR...

Consolidation of Arbitrations is a Procedural Matter Presumptively For the Arbitrator to Decide in Accordance With the Parties’...

Since arbitration is a process of dispute resolution in accordance with a private agreement, the question of consolidation of arbitral proceedings ought to be determined in the same manner as other procedural issues. In...more

Farrell Fritz, P.C.

Successful Challenge To a Forum-Selection Clause Requires a “Strong Showing” – So Select Your Forum Wisely

Farrell Fritz, P.C. on

Forum-selection clauses were once widely disfavored by many courts on the theory that such provisions operated to improperly divest the court of jurisdiction. But now, it is well-recognized that parties to a contract may...more

Whitman Legal Solutions, LLC

Performing From Memory and Eliminating Unnecessary Contract Provisions

Preparing contracts can be like using the music for a performance. Like musicians are expected to perform from memory even when it does not serve them well, contracts include boilerplate language which does not add to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

Courts in many countries, including the U.S., generally enforce contracts with clauses specifying international arbitration as the preferred avenue for resolving disputes. Accordingly, when drafting such provisions, due...more

Ward and Smith, P.A.

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Foley & Lardner LLP

Commercial Contract Risk in 2017

Foley & Lardner LLP on

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Proskauer - California Employment Law

FAQ About California’s New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

Proskauer - California Employment Law

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

Blank Rome LLP

New California Bill Targets Choice of Law and Forum Provisions in Employment Contracts

Blank Rome LLP on

Action Item: California Bill 1241 may give employees the power to void choice of law and forum provisions that subject employees to the laws of states other than California. The bill, which was passed on September 25, 2016,...more

Buchalter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees

Buchalter on

On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of California employees. Labor Code Section 925 imposes new limits on contract provisions that seek to impose choice of law and...more

Proskauer - Employee Benefits & Executive...

Eighth Circuit Affirms Enforcement of ERISA Plan Forum Selection Clause

The Eighth Circuit enforced an ERISA plan’s forum selection clause and denied plaintiff’s appeal to have her lawsuit for disability benefits transferred back to the District of Arizona. Plaintiff Lorna Clause, who lives in...more

Sherman & Howard L.L.C.

California Bans Out-of-State Law

California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate...more

Littler

New California Law Prohibits Choice of Law and Venue in Employment Contracts

Littler on

On September 25, 2016, Governor Brown signed into law a new California Labor Code provision (Section 925) that is likely to have major repercussions for contracts with employees who live and work primarily in California. The...more

Perkins Coie

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with...

Perkins Coie on

Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more

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