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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.  Read More

A Potentially Disruptive Ruling for California Employers

On April 30th the California Supreme Court issued an opinion that almost certainly will cause significant changes in how many businesses, particularly those which rely on independent contractors, will conduct Read More

A Practical Guide to the Anti-SLAPP Statute: How to Avoid Litigation Purgatory (or Shorten Your Stay)

In 1992, California enacted the anti-“SLAPP” (strategic lawsuits against public participation) statute to combat “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech Read More

Awarding Attorneys' Fees (Or Not)

A contractual clause requiring an award of attorneys’ fees to the prevailing party in litigation can have a significant impact on the parties’ decisions to file or pursue a case.  Read More

Expert Retention and Summary Judgment

Summary judgment motions play an important role in business disputes; they can create settlement leverage, narrow trial issues or, if granted for an entire case, achieve a favorable judgment without Read More

California Supreme Court Invalidates Arbitration Clause

Once again, the California Supreme Court has waded into the arbitration thicket.  This time, the Court found unenforceable an arbitration clause that prohibited a consumer from seeking injunctive relief on Read More

Jurisdiction Over Corporations Quietly Restricted - Probably For Good

In a major, although widely unappreciated shift, the United States Supreme Court has significantly restricted the ability of courts to exercise jurisdiction over corporations.  This change reduces the likelihood that Read More

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 Read More

What to Do When an Employee Becomes a Competitor

A Guide for Businesses Large and Small. Immediate First Steps When key personnel leave to start or to join a competing business, there is often a scramble to save clients and to Read More

Update: The Right to Cumis Counsel

A recurring issue in business litigation concerns when an insured may choose its own counsel in a dispute tendered to its insurer.  A recent California case clarifies the current criteria Read More

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