Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Forum Selection Clause Held Waiver of Removal Right
A forum selection clause in an agreement provides that the parties “irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware.” Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court? It does according to U.S. District Judge Leonard P. Stark of the District of Delaware. In a short, four-page memorandum order in InterDigital v. Wistron, C.A. No. 15-478-LPS (D.Del. June 18, 2015), Stark granted plaintiff InterDigital's emergency motion to remand based solely on this language in the agreement's forum selection clause.
Background
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.