choice of law

New Ninth Circuit Case Aids Departing Employees In Non-Compete and Non-Solicit Disputes Involving Race To Judgment

James McNairy
March 05, 2012 17:47

Contractual choice of law provisions often seek to apply the law of the state that, when applied by a court to the contract at issue, is most likely to result in favorable interpretations, application, and/or enforcement of those provisions in the contract most valued by the contracting...

Mexican Bankruptcy Does Not Preclude Collection of Debt From Guarantors: Wilmington Trust, N.A. v. Vitro Automotriz, S.A. DE C.V. et al.

Aaron Zerykier
February 28, 2012 21:02

In a December 5, 2011 decision by Justice Fried the court granted plaintiff summary judgment declaring that the defendants cannot avoid their obligations as guarantors for debts owed by a company in bankruptcy. The bankrupt company defaulted on over $1.3 billion in payment obligations under...

Contract Law: What about Choice of Law Provisions?

Rush Nigut
February 27, 2012 14:00

I often review contracts for clients that are doing business with companies from out-of-state. Inevitably these contracts will have a choice of law provision that says the laws of [insert state] apply. Clients usually take it for granted that a court will apply the laws of the state referenced in...

Common Contract Clauses We Never Think Much About, But Should.

Paul Stanfield
February 16, 2012 20:20

This is for all you contract nerds out there.  You know who you are.  You become aroused at the sight of a well crafted limitation of liability provision.  OK, then.  Well, me neither. A recent case dealt with a choice of law provision that we routinely use and routinely don't...

Fourth Circuit Finds Maryland's Wage Payment and Collection Law Not A Fundamental Public Policy

December 30, 2011 18:45

By Steven Kaplan On December 23, 2011, the U.S. Court of Appeals for the Fourth Circuit in Kunda v. C.R. Bard, Inc. held that employers in Maryland may have their employees execute employment agreements with a choice of law provision other than Maryland, so long as the other jurisdiction has a...