News & Analysis as of

Business Litigation Jurisdiction

Nelson Mullins Riley & Scarborough LLP

The Double-Edged Sword of Chapter 93A, Section 11 in Massachusetts Business Litigation

Introduction - One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter “unfair” or “deceptive” conduct in “trade or commerce,” Section...more

Akin Gump Strauss Hauer & Feld LLP

Judicial Committee of the Privy Council Declares the End of the ‘Shareholder Rule’ Regarding Privilege

In a landmark ruling handed down on 24 July 2025 (Jardine Strategic Limited (Appellant) v Oasis Investments II Master Fund Ltd and 80 others (Respondents) No 2 (Bermuda) [2025] UKPC 34), the Judicial Committee of the Privy...more

Marshall Dennehey

New York Court Reaffirms Internal Affairs Doctrine, Denies Standing in Derivative Suit Against English Corporation

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Ezrasons, Inc. v. Rudd, No. 2, --- N.E.3d ---, 2025 WL 1436000 (May 20, 2025) - “Few principles are more firmly entrenched in corporate law than the internal affairs doctrine, a choice-of-law rule providing that, with rare...more

Herbert Smith Freehills Kramer

California Supreme Court Confirms General Enforceability of Delaware Court of Chancery Forum Selection Clauses

Forum selection clauses have long been a feature of commercial contracting. Since then-Chancellor Strine’s decision in Boilermakers Local 154 Ret. Fund v. Chevron Corp., Delaware corporations have routinely included such...more

Clark Hill PLC

California Supreme Court strengthens forum selection clause enforcement

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The California Supreme Court’s July 21 decision in EpicentRx, Inc. v. Superior Court resolves a longstanding uncertainty around enforcement of forum selection clauses under California law, holding that the absence of jury...more

Farrell Fritz, P.C.

Court of Appeals Again Bolsters Internal Affairs Doctrine, This Time Clipping Derivative Suits Brought on Behalf of Foreign...

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Section 626 of New York’s Business Corporation Law governs standing to sue derivatively in New York.  It states that “an action may be brought in the right of a domestic or foreign corporation . . .  by a holder of shares or...more

Epstein Becker & Green

Extraterritorial Application of the DTSA: Recent Decision Continues to Develop “Act in Furtherance” Element

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Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the...more

Kennedys

Delaware Court of Chancery forum selection clause found enforceable by California Supreme Court, despite depriving plaintiff the...

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Delaware corporations headquartered in California can now successfully move to dismiss investor suits filed in California when the corporations’ governing documents contain forum selection clauses mandating the Delaware Court...more

Goodwin

California Supreme Court Delivers Major Win for Delaware Forum-Selection Clauses

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On July 21, 2025, the California Supreme Court issued a decision in EpicentRx, Inc. v. Superior Court of San Diego County, which held that an exclusive forum-selection clause designating a forum where a civil jury trial would...more

Womble Bond Dickinson

Open for Business: Texas Business Court Exceeds Early Expectations

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Nearly one year in, the Texas Business Court has been an unqualified success. Despite early skepticism, the Court, which started accepting cases on September 1, 2024, has lived up to its goal of moving business litigation in...more

Jackson Walker

Texas Business Court Denies Severance in Multi-LLC Dispute—Signals Broad View of Jurisdiction

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In a recent decision out of the Texas Business Court’s Eleventh Division—Kassam v. Dosani, Cause No. 24-BC11A-0021—the court refused to let defendants fracture a complex business dispute into smaller pieces. The result? A...more

Jackson Walker

Texas Legislature Expands Business Court Role in Intellectual Property Matters with Passage of HB 40

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The 2025 biennial session of the Texas Legislature brought changes to the Texas Business Court that was created in 2023. With the passage of House Bill 40 (HB 40), the legislature expanded the Business Court’s jurisdiction to...more

Snell & Wilmer

Nevada Rejects Calder’s Jurisdictional Effects Test in Negligence Cases

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On June 18, 2025, the Nevada Supreme Court held in Whitley v. Greyhound Lines, Inc., 141 Nev. Adv. Op. 33 (2025), that Calder v. Jones’ “effects test” applies only in intentional tort cases. The opinion provides an analysis...more

Jackson Walker

New Texas Legislation Means More Corporate Cases Will Be Resolved in Specialized Texas Business Courts

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The Texas Legislature has refined the structure and jurisdiction of the Texas Business Court through amendments signed by Governor Abbott on June 21, 2025. The changes aim to broaden the court’s authority, streamline complex...more

Miller & Martin PLLC

Fraud in the Inducement: The Collision of Causation, Confusion, Common Law, and Common Sense

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Federal courts have long recognized fraud in the inducement (also referred to as simply “fraudulent inducement”) (“FITI”) as an actionable theory of recovery under the False Claims Act (“FCA”). However, while loosely rooted...more

Gray Reed

Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs

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In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more

Jackson Walker

Texas Business Court Asserts Jurisdiction in $95 Million Texas Lottery Dispute

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A recent decision from the Texas Business Court, Reed v. Rook TX, LP, centers on a dramatic claim: Jerry Reed, who “won a $7.5 million Lotto Texas jackpot in May 2023,” alleges that “his winnings would have been $95 million...more

Awatif Mohammad Shoqi Advocates & Legal...

The Dubai Cassation Court's recent ruling on the legal concept of Without Prejudice.

In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more

Hicks Johnson

Federal Officer Removal: A Primer for Government Contractors

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When a business is served with a state court action, the first reaction is often to consider whether the action can be removed to federal court based on diversity. But for businesses doing work for the federal government...more

Husch Blackwell LLP

Oklahoma Legislature Creates Two New Specialty Courts

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Oklahoma has now joined many other states creating specialty business courts to handle complex business litigation. Senate Bill 632 creates two new specialized business courts, which will be located in Oklahoma County and...more

Maynard Nexsen

Alabama Supreme Court Alert | Appellate Update for June 27, 2025

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Decisions from June 27, 2025 - Ex parte GBC International Bank: This case involves whether a plaintiff established personal jurisdiction over a California company doing no business in Alabama. The plaintiff wired $60,000...more

McGlinchey Stafford

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

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The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

McGinnis Lochridge

Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests

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When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight....more

Porter Hedges LLP

Texas House Bill 40 Will Reshape the New Texas Business Courts

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On June 1, 2025, the Texas legislature passed HB 40, and Governor Greg Abbott signed it on June 21, 2025. The new law helps further define the jurisdiction of Texas’s Business Courts, originally established in 2023. This is...more

Jones Day

Texas Expands Jurisdiction of Texas Business Courts

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On June 20, 2025, Texas Governor Greg Abbott signed House Bill 40 (HB 40), a piece of legislation that expands the Texas Business Court’s jurisdiction and streamlines procedures to expedite commercial disputes....more

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