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A Victory for Forum-Selection Clauses
A recent United States Supreme Court decision, Atlantic Marine Construction, Inc. v. United States District Court for the Western District of Texas, et al, 134 S. Ct. 568, overturns both the United States District Court for the District of Western Texas and the U.S. Court of Appeals for the Fifth Circuit. After rejecting the legal analysis applied in both the lower court and the appeals court, the Supreme Court concluded that where two parties enter into a contract which contains a forum-selection clause and one party attempts to file an action in a jurisdiction not covered by the forum-selection clause: 1) the party defying the clause has the burden of proving that the forum bargained for is inappropriate; 2) when analyzing whether the venue is proper, there is no consideration to be given to the parties' private interests; and 3) although it is typical to apply the state law of the original court to the transferee court when a transfer of venue occurs, this exception to the choice of law rule shall not apply when dealing with a valid forum-selection clause.
Factual Background
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.