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Author Archives: John E. Porter

Uncertainty in California over Forum Selection Clauses

In international business transactions, contracting parties from different countries often select a neutral third country to supply the applicable governing law as well as the exclusive forum for resolving disputes.  The reason for this is obvious:  each party is wary of agreeing to litigate disputes in the adverse party’s home country or governed by the […]

Voluntary Dismissals’ Impact on Attorney’s Fee Provisions in California Contracts

Many contracts provide that in the event of a lawsuit the prevailing party shall be entitled to recover its reasonable attorney’s fees.  One would naturally think that the defendant is the prevailing party when a lawsuit has been dismissed.  This common-sense assumption can lead to unfortunate errors in legal strategy, however. Section 1717(b)(2) of the […]