Selected cases and materials related to limitations on discovery.
Selected cases and materials related to attorneys' fees and costs.
Selected cases and materials related to limitation on liability.
Selected cases and materials related to forum selection.
Selected cases and materials related to arbitration.
A contract contains a forum selection clause in State X. Plaintiff brings suit in State Y, requiring Defendant to incur unwarranted fees and expenses. Will Plaintiff be required to pay Defendant’s attorney’s fees for breach of this seemingly miscellaneous provision? The answer may vary based on state law and the language in the contract. In New York, despite strong enforcement of the American Rule, courts have awarded attorneys’ fees for breach of miscellaneous provisions. In California, however, fees for breach of a miscellaneous provision may be denied if the fee-requesting party does not ultimately prevail. You will draft miscellaneous contract provisions from various jurisdictions for your fantasy contract and earn points based on the strength of your draft clauses, incorporating suggestions from the panelists. Earn the most points to be crowned best fantasy contract drafter.
Briefing on investment protection and investor-state dispute settlement mechanisms in international agreements
There are key differences between termination of employment relationships in the United States and those in countries of the Europe,Middle East and Africa (EMEA) region. EMEA legislators generally take the view that dismissing employees should not be straightforward, must always be justified and must comply with local mandatory legislation to the protection of the employees. Various methods of termination are available to employers but carry costs and extensive statutory obligations. Learn what this means in practice, pitfalls to avoid and how to plan and execute terminations efficiently.
Panelists will review common pitfalls when transacting with foreign governments, including governing law/dispute resolution, tax issues and intellectual property, and will discuss strategies for avoiding those pitfalls.
As more companies reach across borders, in-house counsel must juggle ethical rules from different countries and avoid ethical problems. Does one country respect the attorney–client privilege or legal professional privilege that other countries offer? What happens when in-house lawyers and their clients work in different countries? And how can lawyers make sure that they have authorization to practice in all of the countries where they need to advise clients? Discover the answers to these ethical questions and others, to better navigate the globe.