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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Jurisdiction, Venue and Choice of Law

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Don’t Take Needless Chances When It Comes to Personal Jurisdiction, Forum Selection and Choice of Law

Posted in Contracts, Jurisdiction, Venue and Choice of Law, Letters of Intent, Pre-Litigation Considerations

Not spelling out in your agreements, even in informal agreements, where disputes can be resolved and what law will govern them can lead to some unhappy results. That is exactly the position that United Excel Corporation and its president, Ky Hornbaker, now find themselves.

Three Reasons to Bring Your Next Lawsuit in Massachusetts

Posted in Jurisdiction, Venue and Choice of Law, Pre-Litigation Considerations

It is not unusual for a plaintiff to have the ability to choose from at least two states when deciding the venue of a litigation. In such situations, many automatically choose to file suit in their home state, without giving much thought to potential advantages or disadvantages beyond having a home field advantage and/or forcing… Continue Reading

Beware of What Happens to the Attorney-Client Privilege When Your Company is Sold

Posted in Attorney-Client Privilege, Jurisdiction, Venue and Choice of Law

In Commodity Futures Trading Comm’n v. Weintraub, the United States Supreme Court noted that: [W]hen control of a corporation passes to new management, the authority to assert and waive the corporation’s attorney-client privilege passes as well. New managers installed as a result of a takeover, merger, loss of confidence by shareholders, or simply normal succession,… Continue Reading

How to Draft Enforceable Class Action and Other Employer-Friendly Waivers

Posted in Arbitration and Mediation, Contracts, Jurisdiction, Venue and Choice of Law

Porreca v. The Rose Group was a class action lawsuit brought by Carly Porreca and Charles Walton, alleging that their employer, Applebee’s Neighborhood Grill and Bar, had violated the Fair Labor Standards Act. After Porreca was dismissed from the lawsuit, the restaurant management company that owned and operated the Applebee’s at which Porreca and Walton… Continue Reading

Be Clear if You Want to Have a “Third-Party Beneficiary” in Your Contract

Posted in Contracts, Jurisdiction, Venue and Choice of Law

In a prior post, I noted that if you want all disputes between contracting parties to be resolved in one and only one specific forum, it is imperative to expressly state this with great clarity in your agreement.  In light of the Massachusetts Appeals Court’s recent decision in Try Switch, Ltd. v. Endurance International Group,… Continue Reading

Beware of Choice of Law When Drafting Independent Contractor Agreements

Posted in Contracts, Jurisdiction, Venue and Choice of Law, Worker Classifications

As we have previously posted in Choice of Law in a Contract Can Be Critical, Ensuring Your Dispute Is Resolved in the Forum You Want Is Not Always Easy, and Selection of Forum Other Than Massachusetts May Not Avoid Wage Act Enforcement, choice of law and forum selection provisions should be conscious decisions made in… Continue Reading

Enforcing Non-Compete Agreements Against California Employees — Part 1

Posted in Contracts, Jurisdiction, Venue and Choice of Law, Noncompetition & Other Restrictive Covenants

In a post this summer, I raised three issues employers may want to consider before even requesting that an employee execute a covenant not to compete.  One issue that I did not mention is whether the company’s employee lives and works in California.  Although where an employee lives may be relevant, contrary to what many… Continue Reading

Selection of Forum Other Than Massachusetts May Not Avoid Wage Act Enforcement

Posted in Jurisdiction, Venue and Choice of Law, Miscellaneous Employment, Wage & Hour

Before last week, a non-Massachusetts employer could insulate itself from employee claims under the Massachusetts Weekly Payment of Wages Act (“Wage Act”) simply by having its employees agree that all employment disputes be litigated in the employer’s home state.  That all changed with the Massachusetts Supreme Judicial Court’s decision in Melia v. Zenhire, Inc.   … Continue Reading