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Jury Trial Business Litigation

Herbert Smith Freehills Kramer

California Supreme Court Confirms General Enforceability of Delaware Court of Chancery Forum Selection Clauses

Forum selection clauses have long been a feature of commercial contracting. Since then-Chancellor Strine’s decision in Boilermakers Local 154 Ret. Fund v. Chevron Corp., Delaware corporations have routinely included such...more

Clark Hill PLC

California Supreme Court strengthens forum selection clause enforcement

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The California Supreme Court’s July 21 decision in EpicentRx, Inc. v. Superior Court resolves a longstanding uncertainty around enforcement of forum selection clauses under California law, holding that the absence of jury...more

Kennedys

Delaware Court of Chancery forum selection clause found enforceable by California Supreme Court, despite depriving plaintiff the...

Kennedys on

Delaware corporations headquartered in California can now successfully move to dismiss investor suits filed in California when the corporations’ governing documents contain forum selection clauses mandating the Delaware Court...more

Goodwin

California Supreme Court Delivers Major Win for Delaware Forum-Selection Clauses

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On July 21, 2025, the California Supreme Court issued a decision in EpicentRx, Inc. v. Superior Court of San Diego County, which held that an exclusive forum-selection clause designating a forum where a civil jury trial would...more

Hendershot Cowart P.C.

Texas LLCs, Corporations: Act Now to Secure New Business Protections from 2025 Legislative Reforms

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Major changes to Texas Business Organizations Code enacted during this summer’s legislative session provide unprecedented protection for management decisions and business disputes – but only if you amend your governing...more

Holland & Hart - Your Trial Message

Expect More Extreme Anti-Corporate Attitudes

In modern times at least, corporations have not been terribly popular. However, since the murder of UnitedHealthcare’s CEO about a half a year ago in New York City, observers and the corporations themselves have been paying...more

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

Allen Matkins

In More Bad News For Delaware, Nevada Legislature Proposes To Allow Jettisoning Jury Trials For "Internal Actions"

Allen Matkins on

I have previously noted certain provisions of a bill amending Nevada's business entity statutes, AB239.  See Nevada Bill Would Impose A Duty That Directors Be Informed and Nevada Bill Would Expressly Allow Directors To...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

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Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Farrell Fritz, P.C.

Rare as a Dodo: Bifurcation in Business Divorce Trials

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Jury trials in business divorce litigation are uncommon. Bifurcated business divorce jury trials are all but nonexistent. But in Aronov v Khavinson (81 Misc3d 1242(A) [Sup Ct, Kings County Feb. 9, 2024]), we encounter the...more

Farrell Fritz, P.C.

Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!

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Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court.  For example, causes of action for money damages, such as tort claims, contract...more

Lowndes

Florida Supreme Court Issues New Guidance on Statewide Court Operations

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On June 16, 2020, Florida Supreme Court Chief Justice Charles Canady issued two new administrative orders and a new “best practices” memorandum adopting changes to guidelines for state court pandemic operations....more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Litigation, Incarceration, and Investigation in the Time of COVID-19

I. Introduction - In ways unimagined less than three weeks ago, the face of in-court litigation in civil and criminal matters transformed seemingly overnight and continue at near breakneck speed....more

Buchalter

Buchalter Client Alert COVID-19: California Local Court Orders Regarding Closure

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During this unprecedented period of COVID-19, we strive to provide our clients with the most accurate and up to date information regarding the status of court operations. To that end, below is a chart with the local court...more

Cozen O'Connor

The Impact of COVID-19 on Civil Litigation in New Jersey Courts

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As community spread of COVID-19 increases throughout the United States, New Jersey joins the growing list of states that have issued a statewide stay-at-home order. To further combat the spread of COVID-19, the Governor of...more

Dickinson Wright

Litigating in Ontario

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As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Weintraub Tobin

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

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Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow...more

Amundsen Davis LLC

Arbitrator, Judge, Or Jury; Pick Your Poison

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As a general rule businesses hate litigation. Why? Litigation results seem uncertain to the point of randomness. It need not be that way. You can never squeeze all of the uncertainty out of litigation, but if you understand...more

Butler Snow LLP

Do we lawyers really know it all? What about the “ focus group?”

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Trying a business case to a jury presents unique and sometimes difficult challenges. As commercial litigators, we’re trained to develop the facts (or the parties’ versions thereof), research the applicable law, and, most...more

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