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The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards. In each respect the Court of...more
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
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
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
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
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
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
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
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
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
A federal district court recently enforced a forum selection clause in National Equipment Dealers, LLC v. IROCK Crushers LLC, transferring the case to Ohio and confirming the enforceability of venue clauses in commercial...more
As an update to Vinson & Elkins’ prior coverage of House Bill 40 (“H.B. 40”)—new legislation that expands the jurisdiction and operations of the recently opened Texas business courts—both houses of the Texas Legislature...more
The Texas Legislature in 2023 created its first Business Court, making Texas the 31st state to establish a specialized court to adjudicate complex business disputes. The Business Court is divided into 11 divisions...more
For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can be a costly mistake. Traditionally, clients didn’t think about an investment in appellate counsel until after a final...more
Last week, the Texas Senate passed House Bill 40 (“HB 40”), pushing the legislation’s changes to Texas’s new Business Court one step closer to enactment. With no anticipated obstacles, Governor Abbott is expected to sign HB...more
As of March 21, 2025, the Virginia General Assembly and Governor have approved a significant change to Virginia’s civil and commercial court system. Every business owner, real estate professional, attorney, and claims...more
Last month, the Supreme Court of Texas proposed new Texas Rule of Civil Procedure, 201.3, that “would adopt the Uniform Interstate Depositions and Discovery Act,” commonly known as the UIDDA. ...more
The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more
The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more
The Grand Court has clarified that, where a company in official liquidation commences proceedings claiming that it holds certain rights, in order for the defendant to proceed with a counterclaim asserting that it is the true...more
U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more
Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract...more
Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more
Since January 1, 2025, the economic activity courts have replaced 12 commercial courts on an experimental basis, and a financial contribution for economic justice has been introduced. French commercial justice has just...more
On October 30, the Dallas Business Court issued a long-awaited ruling of first impression, holding that Texas’ newly formed business courts have no jurisdiction over cases already in existence prior to September 1, 2024....more