By Robert Milligan and Grace Chuchla It’s 8,242.7 miles or a 17 hour flight between the Philippines and Missouri. Nobody would dispute that this is a significant distance, but as far the Eastern District of Missouri is concerned, forcing a defendant who lives in the Philippines to participate in litigation occurring in Missouri does not… Continue Reading
Tag Archives: forum selection
California Federal Court Transfers Trade Secret Dispute Involving High-Tech Gloves To New York
Posted in Practice & Procedure, Trade SecretsBy Robert Milligan and Jeffrey Oh In today’s dynamic environment of interstate commerce, including internet transactions, deciding on the proper venue for a trade secret misappropriation dispute can be a complicated process involving a number of different factors particularly if the parties are domiciled and/or transact business in different states. In the case of GLT… Continue Reading
Illinois Federal Court Strikes Down Online Company’s Forum Selection Provision Contained In Licensing Agreement In Consumer Data Collection Spat
Posted in Practice & ProcedureBy Robert Milligan and Joshua Salinas The best things in life are free, except for screensavers, games, and other software provided on-line that spy on your computer activity and gather your personal information, at least according to the consumer Plaintiffs in the recent data collection/privacy suit filed in Illinois federal court captioned Harris v. comScore, Inc., No. 11 C 5807, 2011 WL 4738357 (N.D. Ill…. Continue Reading
Controlling The Forum: Nebraska Federal Court Transfers Non-Compete Declaratory Relief Action To Minnesota Federal Court
Posted in Non-Compete EnforceabilityLane, a 16-year employee of food distributor Nash Finch Co. in Nebraska, was terminated in June 2011. He promptly filed a declaratory judgment suit in a Nebraska state court against his former employer, challenging the enforceability of non-competition clauses in a series of incentive compensation plans in which he was a participant. His challenge included, but was… Continue Reading
“Under Pressure” Not Enough To Make Agreement Unenforceable.
Posted in Restrictive CovenantsEmployment Agreement’s forum, venue and personal jurisdiction clause upheld despite argument that the agreement was signed “under extreme pressure” and without sufficient time for counsel to review. CLP Resources, Inc. v T. Salerno, 2011 WL 1597677 (W.D.Wash.) (April 27, 2011). Plaintiff CLP Resources, Inc. (“CLP”), a large provider of temporary construction workers, sued a former… Continue Reading