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Corporate Counsel › Contract Terms › Choice-of-Law

Fox Rothschild LLP

The Million Dollar ChatGPT Mistake

Fox Rothschild LLP on

I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more

Proskauer - Minding Your Business

Ninth Circuit Splits From the Second, Third and Fourth Circuits in “Brain Twister” Arbitration Case

Proskauer - Minding Your Business on

Arbitration provisions are common features of commercial agreements.  Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the freedom to decide everything from what law the...more

Sheppard Mullin Richter & Hampton LLP

Don’t Neglect Forum Selection and Choice of Law Provisions When Drafting or Litigating Restrictive Covenants

Sheppard Mullin Richter & Hampton LLP on

Employment agreements with restrictive covenants typically contain both a forum selection clause, which determines the forum where a dispute must be heard, and a choice of law clause, which determines the law that applies to...more

White & Case LLP

U.K. Supreme Court provides welcome clarity on how to determine the governing law of an arbitration agreement

White & Case LLP on

In its recent decision in Enka v Chubb [2020] UKSC 38, the U.K. Supreme Court has provided a high degree of clarity on the test to be applied to determine the governing law of an arbitration agreement. The Court also took...more

Wyrick Robbins Yates & Ponton LLP

Structuring M&A Agreements – Five Lessons from the Tiffany & Co. V. LVMH Affair

Wyrick Robbins Yates & Ponton LLP on

It was a whirlwind affair. The Manhattan socialite and the sophisticated Parisian. Tiffany & Co. (NYSE: “TIF”) and LVMH, Moët Hennessy Louis Vuitton SE (OTC: “LVMUY”), announced their engagement, via joint press release, on...more

White & Case LLP

Ahead of the pack: US M&A 2019: Key dealmaking decisions from Delaware and New York

White & Case LLP on

We focus on two H2 2019 rulings that could affect M&A transactions in the future. Genuine Parts: Acceptance of termination fee does not prevent further remedies - In September 2019, the Delaware Chancery Court refused to...more

Orrick - Trade Secrets Group

Use Of Out-Of-State Restrictive Covenants Ending Quickly In California

Orrick - Trade Secrets Group on

Two years ago, TSW reported on several cases in which corporations outside of California successfully enforced non-compete agreements against California employees.  They did so by using employment agreements containing...more

Seyfarth Shaw LLP

For The First Time, A Massachusetts Court Weighs In On The New Noncompetition Agreement Act – Well, Sort Of

Seyfarth Shaw LLP on

As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. ...more

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