Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
Law School Toolbox Podcast Episode 267: Listen and Learn -- UCC 2-207 ("The Battle of the Forms")
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more
On July 9, leading venture capital firm Andreessen Horowitz (AH) announced that it had decided to redomicile its primary business entity, AH Capital Management, from Delaware to Nevada. AH made an intentionally noisy exit,...more
Business is built on the back of technology. As business organizations become more sophisticated in their operations, so too do their information technology systems. To match the growing scope and complexity of business...more
U.S. Eleventh Circuit Court of Appeals - Mullin v. Sec’y Vet Affairs - disability discrimination, unlawful disclosure - USA v. Tovar - child sex trafficking, evidence, closing argument - Caterpillar v. Venequip -...more
On July 21, 2025, the California Supreme Court issued a significant decision clarifying that a forum selection clause in a company’s certificate of incorporation is not unenforceable simply because the selected forum (here,...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
Dispute resolution provisions in franchise agreements often address how, when, and where parties will mediate. However, the enforceability of these provisions can change depending on the law of the state governing the...more
A key term of any franchise agreement is the venue selection clause as this page has previously explained. This issue was at the forefront of Convenience Stores Leasing & Management, LLC’s (“CSLM”) August 2024 suit...more
A federal court in California recently granted Ringside Development Company’s motion to stay a franchisee-initiated lawsuit pending resolution through alternative dispute resolution. Jameson v. Ringside Development Company,...more
The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, finding that the parties’ arbitration clause expressed a clear intent to arbitrate and that the reference in...more
The U.S. Court of Appeals for the Fifth Circuit recently compelled two parties to arbitrate their claims despite the abolishment of the forum that they selected in their international commercial arbitration clause. The case...more
A California federal court partially granted a motion to compel arbitration by car care franchisor Spiffy Franchising. However, the court invalidated provisions in the franchise agreement providing for dispute resolution in...more
Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more
A federal court in California recently granted franchisor Spiffy Franchising, LLC’s motion to compel arbitration of a franchisee’s claims, but found the North Carolina forum selection and choice of law provisions in the...more
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
PART 4: JURISDICTIONAL BATTLEGROUND IN DISPUTES WITH SANCTIONED RUSSIAN PERSONS - In a wave of recent decisions, including in proceedings involving a number of Western banks, the Russian courts have disapplied the...more
Franchise agreements’ arbitration clauses are enforceable even when subsequent agreements between the same parties contain forum selection clauses requiring litigation in different forums. Additionally, a trial court’s...more
Wow, the U.S. Supreme Court decided a sweepstakes issue today. Anyone who has ever drafted or looked at Official Rules typically notices some clause concerning how disputes are to be resolved. Often there is forum...more
Whether in employment agreements or business transactions, drafters often include certain clauses within these documents to protect their client if litigation arises (e.g., arbitration clauses, forum- selection clauses)....more
Lehram Capital Investments, Ltd., et al. v. Baker & McKenzie International, et al., 2024 IL App (1st) 230095 (Feb. 14, 2024) - Brief Summary Plaintiffs Lehram Capital Investments (“Lehram”) and Daniel Rodriguez (“Rodriguez”)...more
When negotiating supply contracts, the logistics of possible future litigation may not be top of mind. No one wants to talk about the details of their divorce while they are still in the honeymoon stage. And while the topic...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Choice of Law (COL) and Choice of Forum (COF) clauses are not like cheap baseball caps—one size does not fit all. While these provisions may not be scintillating, they are important...more
Since Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), forum selection clauses typically enjoy robust enforcement at both the state and federal levels. For that reason, in many (if not most) jurisdictions,...more
Brexit has well and truly arrived, and while the trade agreement that was reached on Christmas Eve 2020 is undoubtedly a very significant development in terms of the future relationship between the United Kingdom and European...more
What are the most popular dispute resolution methods for clients in your jurisdiction? Is there a clear preference for a particular method in commercial disputes? What is the balance between litigation and arbitration? The...more