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Choice-of-Law Provisions in Contracts Few contract provisions are as important and yet often overlooked as the choice-of-law provision. This provision determines which jurisdiction’s legal framework will govern the contract and shapes how disputes will be resolved and how legal rights will be interpreted. It is essentially the legal compass guiding the contractual relationship. Making the
We’ve always tried to cover key aspects of arbitrations on this blog, and why arbitration may make more sense for your situation, as opposed to having to pursue a public lawsuit in court. But when you need fast, injunctive relief, a prior agreement to arbitrate can potentially cause delay and be problematic. Though a major
Introduction Since last month’s post covering international aspects of trademark infringement litigation, we’ve gotten some questions about what resolution options are available short of full-blown litigation. Obviously, trademark infringement is a significant concern for businesses and individuals seeking to protect their brands. But, sometimes, settlement or other mutual agreements to resolve these problems can make
With the SEC v. Ripple decision emerging recently, many commentators (see here and here) have focused on the holding of the case, which is the correct place to start. This post focuses on the holding, plus additional matters discussed in the decision and additional insights gleaned from the rest of the decision. Foundational Facts of
Introduction In today’s global marketplace, businesses face numerous challenges when it comes to protecting their trademarks on an international scale. Trademark infringement litigation is an option when a person or business is infringing your trademark rights in another country. These cases involving international dimensions can be complex, encompassing jurisdictional issues, cross-border enforcement, and a secondary
Introduction Per Investopedia, foreign direct investment occurs Foreign direct investment occurs when an individual or a company acquires “an ownership stake in a foreign company or project made by an investor, company, or government from another country. Post-pandemic, foreign direct investment is again on a growth track, and as with other trending industries or growth
On the heels of this post I wrote last month about the importance of how an arbitration clause is drafted, especially in the international context, I’m happy to report my colleagues recently defeated a motion to compel arbitration based on an incomplete provision. The Arbitration Provision in Question Our client (plaintiff) entered into a contract
We’re thrilled to share that we recently achieved a favorable settlement with the U.S. Attorney’s Office for the district of Alaska in an Administrative Procedure Act (APA) claim against the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Homeland Security (DHS) for one of my law firm’s employment-based immigration clients. USCIS had
As a final summary post on this year’s California International Arbitration Week, today we’ll be covering mediation and how to make most of the mediation process. Mediation and settlement was a big focus of the conference. One speaker notably stated he believed every dispute, no matter the industry or dollar value, should settle before going
As a secondary summary of what was emphasized during this year’s California International Arbitration Week, today’s post will cover why there seems to be growing consensus that arbitration is the superior choice of all dispute resolution options – and especially in the international context. The arbitration can be tailored to the parties’ specific issues and
