California courts generally favor forum selection clauses entered into freely by parties and where enforcement is not unreasonable. This general principle is true even if the forum selection clause is “mandatory” and requires a party to litigate its dispute exclusively in the designated forum. The party opposing enforcement of a forum selection … Continue Reading
As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all … Continue Reading
Notwithstanding a forum-selection provision in the parties’ consulting agreement designating the Northern District of Georgia as the place for litigating non-competition and non-solicitation covenants disputes, a Georgia federal judge transferred covenant violation litigation to the Middle District of Florida. Also, the judge explained why he thought that an arbitration clause was unenforceable, but he said that the Florida court should … Continue Reading
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 constitute an unfair or unreasonable … Continue Reading
By 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 Technovations, LLC v. Fownes Brothers … Continue Reading
By 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, … Continue Reading
Lane, 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 not limited to, the Minnesota … Continue Reading
Employment 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 employee, defendant Salerno, and his … Continue Reading