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Enforcing Forum- Selection Clauses
Forum-selection clauses are commonly used in agreements for e-commerce websites. These clauses represent a very important risk management provision. See, e.g., Stomp, Inc. v. Neat O LLC, 61 F. Supp. 2d 1074, 1080-81 (C.D. Cal. 1999) (court recommending a forum-selection clause in e-commerce applications). On Dec. 3, 2013, in a 9-0 decision written by Justice Alito, the U.S. Supreme Court rendered a very significant ruling in Atlantic Marine Constructions Co., Inc. v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013), relating to the proper procedures for enforcing forum-selection clauses. In this article, we will discuss these procedures.
The Atlantic Marine Forum-Selection Clause
Atlantic Marine Construction Co. is a Virginia corporation that had entered into a subcontract with J. Crew Management, Inc., a Texas corporation. The subcontract concerned work on a construction project at Ft. Hood, Texas and the contract included a forum-selection clause requiring that all disputes between the parties would be litigated in Virginia. However, when a dispute arose J. Crew Management filed an action in the Western District of Texas rather than in Virginia. Atlantic Marine moved to dismiss J. Crew Management's lawsuit on the grounds that the forum-selection clause rendered venue “wrong” under 28 U.S.C. '1406(a) and “improper” under Section 12(b)(3) of the Federal Rules of Civil Procedure (FRCP). Alternatively, Atlantic Marine moved to transfer the lawsuit to the U.S. District Court for the Eastern District of Virginia under 28 U.S.C. '1404(a).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?