News & Analysis as of

Forum Selection Jurisdiction Franchise Agreements

Jenner & Block

Client Alert: Navigating the Hazards of US Litigation: Lessons from Recent Decisions Involving Korean Companies

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Notwithstanding recent political turmoil, Korean companies have been expanding into the United States at a fast clip, continuing a trend of investment beneficial to businesses in both countries. As Korean brands increasingly...more

Foley & Lardner LLP

Actions Speak Louder Than Words: A Franchise Relationship Can Exist in Spite of a Contract’s Express Terms to the Contrary

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In OTG New York, Inc. v. Ottogi America, Inc., OTG was the exclusive regional distributor for food company Ottogi from 2008–23, during which Ottogi shipped inventory to OTG’s New Jersey warehouse. In 2024, Ottogi terminated...more

Foley & Lardner LLP

Permissive Forum Selection Clause Is Not Enforceable in Franchisor’s Suit Against Franchisee

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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

Lathrop GPM

Wisconsin Federal Court Transfers Venue to Indiana Notwithstanding Forum Selection Clause

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A federal court in Wisconsin recently transferred a franchisor’s breach of contract lawsuit to Indiana, the location of the franchisee, even though the parties’ supply agreement contained a Wisconsin forum selection clause....more

Lewitt Hackman

Franchisor 101: The Forwarded Franchisee

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A district court in Arizona granted a franchisor’s motion to transfer venue to Missouri pursuant to the terms of the franchise agreement. S&G Elite LLC (“S&G”) and ST National Franchising, LLC (“Franchisor”) entered into a...more

Fox Rothschild LLP

Should the Litigation be in State or Federal Court?

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Deciding whether to choose state or federal court can be outcome determinative. This is particularly important in deciding to remove a case from state to federal court. Some state franchise statutes clearly allow a court to...more

Lathrop GPM

Texas Federal Court Determines Forum Selection Clause Provides Personal Jurisdiction Over Franchisee Co-Owner Despite Not Signing...

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A federal court in Texas has denied an individual owner’s motion to dismiss for lack of personal jurisdiction despite the fact that he had not signed the relevant franchise agreement or corporate guaranty in his individual...more

Hogan Lovells

New year, new views - arbitration highlights in the Year of the Rat

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As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. ...more

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