Contract Terms, Choice-of-Law, Employment Litigation

BC Court of Appeal Affirms Arbitration and Choice-of-Law Provisions in Incentive Plan

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2025

The British Columbia Court of Appeal’s decision in Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261, provides significant guidance on the enforceability of arbitration clauses embedded in employment incentive plans. ...more

Post-Mortem on the FTC’s Blocked Non-Compete Rule

WilmerHale on 8/18/2025

In August 2024, a Texas federal court struck down a broad Federal Trade Commission (FTC) rule that would have banned the vast majority of employee non-competition agreements. ...more

First Circuit Declines to Enforce California’s Out-of-State Noncompete Ban

Benesch on 10/2/2024

On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law....more

First Circuit Enforces Delaware Choice-of-Law Provision in Massachusetts-Based Non-Competition Agreement

Nutter McClennen & Fish LLP on 5/12/2020

The Court of Appeals for the First Circuit found that a Delaware choice of law provision in a non-competition and non-solicitation agreement with a former Massachusetts employee was sufficient to invoke Delaware law. Notably,...more

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on 12/19/2019

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

SJC Finds Massachusetts Choice of Law Provision Unenforceable as to California Employee

Nutter McClennen & Fish LLP on 10/11/2018

Last month, the Supreme Judicial Court dismissed a suit brought by a Massachusetts employer to enforce a non-compete on its California-based employee on the ground of forum non conveniens. The SJC held that the non-compete’s...more

Massachusetts Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/1/2018

With Massachusetts’s comprehensive noncompete law taking effect on October 1, 2018, many employers are reviewing and likely revising their restrictive covenants to ensure that they are compliant with the new law. In...more

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