News & Analysis as of

Choice-of-Law

Saul Ewing LLP

First Circuit Says Massachusetts Non-Compete Agreement Enforceable in California Despite State’s Ban

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Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision...more

BakerHostetler

[Event] Protecting the International Project from Catastrophe - November 12th, Houston, TX

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Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and...more

Jones Day

Employer Prevails in First Test of California's Newest Noncompete Law

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In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more

Morgan Lewis

Applicability of the UN Sales Convention in International Commercial Transactions

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In the case of cross-border sales contracts for goods, it often happens that the contracting parties do not expressly stipulate (in writing) the law applicable to the contract or that the choice of law has not been made...more

WilmerHale

Beating the Odds: First Circuit Doubles Down on Massachusetts Decision Enforcing Noncompete Against Sports Betting Executive Newly...

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Against a growing trend of legislation and broader efforts seeking to limit or eliminate post-employment noncompetition restrictions, recent Massachusetts and First Circuit decisions in a dispute between DraftKings and one of...more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

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When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Benesch

First Circuit Declines to Enforce California’s Out-of-State Noncompete Ban

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On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law....more

Allen Matkins

A California LLC Endures Forever, A Nevada LLC Not So Long

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California's Revised Uniform Limited Liability Company Act endows limited liability companies with a certain level immortality.  Corporations Code Section 17707.06(a) provides...more

Allen Matkins

When Two Corporate Laws Diverge, Does Choosing One Make All The Difference?

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In a new article, professor of law Wendy Gerwick Couture aims for "a fuller understanding of Nevada corporate law, both substantively and theoretically, as compared with Delaware corporate law".  For the title and them of her...more

Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

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The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Lowenstein Sandler LLP

When You’re Close to Settlement but Your Insurer is Entrenched: How Policyholders Can Make it Over the Finish Line

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Today on “Don't Take No for an Answer,” hosts Lynda A, Bennett and Eric Jesse discuss what they see as an increase in insurers acting in bad faith trying to avoid their coverage obligations, with more roadblocks, more...more

Marshall Dennehey

U.S. Supreme Court Held that Choice-of-Law Clauses in Maritime Contracts Are Presumptively Enforceable Under Federal Maritime Law

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Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, Case No. 22-500 (Feb. 21, 2024) - On February 21, 2024, the Supreme Court of the United States, in a unanimous opinion delivered by Justice Kavanaugh, held that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Latham & Watkins LLP

FMLC Proposes New Rule on Governing Law for Digital Assets

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Proposed rule would be implemented by statute and would give primacy to parties’ choice of governing law and jurisdiction. There is at least a tentative consensus in English law that cryptocurrencies and other digital...more

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Carlton Fields

Pennsylvania Federal Court Finds Forum Selection Clause in Services Agreement Between Insurer and Reinsurance Broker to Be Valid...

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In Housing & Redevelopment Insurance Exchange v. Guy Carpenter & Co., a Pennsylvania federal court considered the enforceability of a forum selection clause in a services agreement between Pennsylvania-based insurer Housing...more

Hinshaw & Culbertson - Insights for Insurers

How Several U.S. Supreme Court Cases This Term Will Significantly Impact Insurers

Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

McGuireWoods LLP

Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part II

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Last week’s Privilege Point noted that some federal courts erroneously apply their host state’s substantive privilege law rather than properly applying their host state’s choice of law rules — which might result in another...more

Allen Matkins

Does California Or Colorado Law Apply To The Articles Of Incorporation of A Colorado Corporation?

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I suspect that many practitioners would assume that the law of the state of incorporation would determine the viability of an exculpation clause in a corporation's articles of incorporation.  Thus, I was surprised to read...more

Kennedys

Choice-of-law: Uniformity at long last

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On February 21, 2024, the United States Supreme Court decided one of the most important marine insurance cases in the United States since 1955. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., the Court held that...more

Holland & Knight LLP

U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

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In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless...more

Adams and Reese LLP

“Raiders of the Lost Ark”: SCOTUS Sides with Great Lakes, Reverses Raiders’ Win in Maritime Case

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Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable - A battle between federal maritime law and state insurance rules was decided today by the highest court when the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC

On February 21, 2024, the U.S. Supreme Court decided Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500. The Court held that choice-of-law provisions in maritime contracts are presumptively enforceable...more

Epstein Becker & Green

Inconsistent Verdicts Don’t Negate Double Jeopardy in Blocking Murder Case Retrial - SCOTUS Today

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Most readers of this blog rarely, if ever, become involved in homicide cases. Nevertheless, the Supreme Court’s essentially unanimous decision in McElrath v. Georgia should be of interest because it deals with the issue of...more

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