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Business Litigation Forum Selection

Troutman Pepper

The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs

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A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident....more

Miller & Martin PLLC

Batten the Hatches: Preparing for an Automotive Dispute

Miller & Martin PLLC on

Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Denies Car Dealership Owner’s Motion to Dismiss Suit Brought by Dealership’s Operating Companies, Puts...

Judge Richard Platkin of Albany County recently handed down a stark reminder to Defendant Walid Darwish: everyone has to follow the rules of the road, even the person who writes the rules and owns all the cars. On April 26,...more

Troutman Pepper

EDVA Reaffirms its Aversion to Litigation Between Out of State Companies in Recent Venue Decision

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From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more

Butler Snow LLP

Check All Your Contracts When You Don’t Have a Contract

Butler Snow LLP on

That title is not a typo. But, you may ask, how can you check a contract if you do not have one? And, why? Ok, so the title is a little tricky. But consider the situation below. In the negotiation of a complex contract,...more

Farrell Fritz, P.C.

Have Commercial Dispute, Will Travel (to New York)

Farrell Fritz, P.C. on

A few years back, in a post entitled What the Commercial Division Has Done for Us Lately, we commented on a 2019 report from the Commercial Division Advisory Council, which extolled “The Benefits of the Commercial Division to...more

Adler Pollock & Sheehan P.C.

A Recent Rhode Island Supreme Court Decision Provides Important Guidance on Choice-of-Law Provisions in Commercial Contracts

Commercial contract provisions dictating choice-of-law, the applicable statute of limitations, and forum selection are important yet often overlooked portions of agreements.  A recent Rhode Island Supreme Court decision...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Enforces Forum-Selection Clause

Can the purchasers of promissory notes containing non-New York forum-selection clauses enforce the notes in the Commercial Division? Not without an extraordinary showing as to why the clauses should be set aside, according...more

Hogan Lovells

2021 securities, shareholder, and M&A litigation outlook - April 2021

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One year ago, when we were finalizing our outlook for 2020, the world was in the early throes of the COVID-19 pandemic. While we anticipated that 2021 would bring many new challenges, few, if any, of us predicted at the time...more

Farrell Fritz, P.C.

The Ball is in Who’s Court?: Commercial Division Denies Plaintiffs’ Attempt to Invalidate Forum-Selection Clause in Promissory...

Farrell Fritz, P.C. on

Most commercial contracts contain a choice of law provision and/or forum-selection clause. Under New York law, it is well recognized “that parties to a contract may freely select a forum which will resolve any disputes over...more

Hogan Lovells

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

Hogan Lovells on

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

Farrell Fritz, P.C.

Judge Emerson Says “Thank you, Next” to Plaintiff’s Weak Arguments Relating to Dismissal of Forum-Selection Clause

Farrell Fritz, P.C. on

Recently, Suffolk County Commercial Division Justice Emerson weighed in on the proper procedure for making a motion to dismiss based on a forum-selection clause as well as what type of harm a party needed to show in order to...more

Farrell Fritz, P.C.

Successful Challenge To a Forum-Selection Clause Requires a “Strong Showing” – So Select Your Forum Wisely

Farrell Fritz, P.C. on

Forum-selection clauses were once widely disfavored by many courts on the theory that such provisions operated to improperly divest the court of jurisdiction. But now, it is well-recognized that parties to a contract may...more

Ward and Smith, P.A.

North Carolina Law Adds Predictability to Litigation Involving Business Contracts

Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Morris James LLP

Where Do You Want to Be Sued?

Morris James LLP on

Where does your company want to be sued? Of course, the obvious answer is “nowhere.” But in this litigious country that is not realistic. However, to a large extent, companies can chose the forum to decide claims made against...more

Robinson+Cole Manufacturing Law Blog

Trap for the Unwary: How A Manufacturer Can Assure Itself That New York Law Will Apply To Its Contracts

We review a lot of manufacturing contracts for our clients. As most people know, there are often clauses that dictate what law will apply if there is a dispute (a.k.a. “choice of law” clauses) and where that dispute will be...more

Ward and Smith, P.A.

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Patterson Belknap Webb & Tyler LLP

User’s Guide to Recent Revisions in the Commercial Division Rules

Since its formation in 1995, the Commercial Division has seen an increase in the number and complexity of cases being filed. In response to this change, New York’s then Chief Judge created a Task Force on Commercial...more

Farrell Fritz, P.C.

Three New Rule Amendments Proposed by the Advisory Council

Farrell Fritz, P.C. on

One aspect of the Commercial Division that makes it a highly desirable forum for litigators and litigants alike is its focus on the efficient administration of justice. The Commercial Division Advisory Council (the “Advisory...more

Sheppard Mullin Richter & Hampton LLP

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner...more

Morris James LLP

Delaware District Court Finds That Controlling Stockholder Claim Falls Outside Of Forum Selection Bylaw

Morris James LLP on

Forum selection bylaws are a powerful tool for companies to avoid the burdens of multi-forum litigation. But those bylaws only cover the claims falling within their terms. Where, as here, the bylaw only covers fiduciary...more

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