News & Analysis as of

Contract Terms Jurisdiction

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Finds Stepped Dispute Clause Does Not Bar Arbitration

In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board (Thomson v. Essex School Board), the Court of Appeal for Ontario found that a “stepped” dispute resolution clause did not bar recourse to...more

BCLP

Better to ask for Forgiveness than (Court) Permission? “Service out” and the CPR 6.33(2B) Gateways

BCLP on

The UK High Court in White Rock Corp Ltd v Middle Volga Shipping Co [2025] has recently provided helpful clarification in relation to the “service out” jurisdictional gateway in CPR 6.33(2B)(c) in the context of the First...more

Marshall Dennehey

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a...

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Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients....more

Morgan Lewis

English Commercial Court Considers the Impact of Corporate Succession on Arbitration Clauses

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In the recent case before the English Commercial Court of Energyen Corp v HD Hyundai Heavy Industries Co Ltd [2025] EWHC 1586 (Comm), Justice David Foxton rejected a challenge to an ICC arbitration award under Section 67 of...more

WilmerHale

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

WilmerHale on

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

Herbert Smith Freehills Kramer

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery...

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 (Section 1782). 2025 WL 2166397...more

Mayer Brown

High Court Provides Welcome Clarity on English Jurisdiction Clause in 1992 ISDA Master Agreement

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INTRODUCTION - In its recent judgment in Dexia SA v Comune di Torino [2025] EWHC 1903 (Comm), the English High Court provided welcome clarity on the construction of the English jurisdiction clause in an English law 1992...more

IR Global

When (and why) arbitration might be the better option

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Clients often ask why, in some commercial contracts, their lawyers recommend that disputes are handled through the courts but, in others, they recommend arbitration. Sometimes it comes down to a question of judgement, but...more

WilmerHale

Delaware Forum Selection Clause Binds California Shareholders

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The California Supreme Court handed a major victory to Delaware corporations facing shareholder litigation in California courts but left open questions about how durable the success will be. In EpicentRX v. Superior Court...more

Wilson Sonsini Goodrich & Rosati

Bexson Biomedical Earns Early-Stage Win in CyDex Dispute in Italy’s Court of Rome

In a major early-stage win for firm client Bexson Biomedical, Inc., Italy’s Court of Rome recently dismissed the second of two related legal proceedings brought by CyDex Pharmaceuticals, Inc. arising from a 2019 supply...more

Bennett Jones LLP

BC Court of Appeal Upholds Arbitration and Foreign Law Clauses in Employee Incentive Plan

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In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and...more

Lasher Holzapfel Sperry & Ebberson PLLC

Timing Your Prenuptial Agreement in Washington

Prenuptial agreements are touchy subjects. Sometimes they can be perfectly fair and fine contracts between soon-to-be spouses. Other times they can grossly favor one spouse over the other. In a previous blog post, I...more

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

Jackson Walker on

On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more

Mintz

[Podcast] Mintz On Air: Practical Policies — A Private Equity Non-Compete Primer

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Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more

Latham & Watkins LLP

Can Lenders Stay in the Driver’s Seat? The Enforceability of Make-Whole Premiums in Bankruptcy

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Borrowers and lenders must both be aware of the risks relating to uncertainty regarding make-whole premiums in bankruptcy. The enforceability of “make-whole” premiums in bankruptcy has become a hotly contested issue in...more

A&O Shearman

Hague Judgments Convention 2019 in force for the UK from July 1—key points for commercial parties

A&O Shearman on

The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Judgments Convention) is in force for the UK from July 1, 2025....more

Bradley Arant Boult Cummings LLP

Touching the Void: Newly Enacted Law Clarifies Texas’ “Home-Rule” Construction Statute

In addition to two other newly enacted Texas laws coming out of the most recent legislative session affecting the construction industry, Governor Greg Abbott also signed HB 2960, providing updates to Texas’ “home-rule”...more

Mayer Brown

French Court Rejects Attempt to Use Civil Code to Usurp Brussels Recast Principles on Jurisdiction

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In a decision issued on 2 April 2025, the French Cour de Cassation considered the validity of a jurisdiction clause under Article 25(1) of the Brussels Recast1. The French court rejected an attempt to invoke French national...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Licensing & Standing: A.L.M. Holding Co. v. Zydex Indus. Private Ltd. (D. Del. Nov. 25, 2024)

In the United States, a plaintiff must have standing to bring suit in U.S. courts. For patent cases, this means that for a plaintiff to have constitutional standing, the plaintiff must show that it has “an exclusionary right...more

Foley & Lardner LLP

Federal Court Enforces Forum Selection Clause in Dealer Dispute with Equipment Manufacturer

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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

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

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Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

Benesch

Final-Mile Delivery and Nature of Commerce - The Most Important Legal Question Providers Struggle to Answer

Benesch on

The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their...more

Hone Maxwell

Cross-Border Collaboration Success: Five Top Strategies

Hone Maxwell on

In the United States, we drive on the right side of the road. In Singapore, cars drive on the left. Mexico, meanwhile, has its own road signs and speed limits, which sometimes are viewed as suggestions....more

Katten Muchin Rosenman LLP

Fifth Circuit Affirms Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand

In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to...more

Lathrop GPM

California Federal Court Enforces Hotel Franchisor’s Arbitration Provision and Compels Arbitration

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A federal court in California recently granted a franchisor’s motion to compel arbitration and stay the lawsuit in a dispute alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and...more

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