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Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
A recent California case is a good indication of how important a role a forum selection clause will play after the U.S. Supreme Court's recent decision in Atlantic Marine Const. Co. Inc. v. U.S. Dist. Court for W. Dist. Of Texas, 134 S.Ct. 568 (2013). Atlantic Marine made clear that while a motion to dismiss or transfer venue based on a forum selection clause could not be made on the grounds of improper venue under 28 U.S.C. '1406, the forum selection clause should be given controlling weight in all but the most exceptional cases under a forum non-conveniens analysis under 28 U.S.C. '1404. However, this assumes a valid forum selection clause.
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?
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.
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.
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.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.