November 23, 2022 | The Legal Intelligencer
Addressing Unilateral Fee-Shifting Agreements in Restrictive Covenant LitigationIn all but a small handful of states the law does not imply reciprocity in these types of provisions. Outside of those jurisdictions (assuming the provision is not ambiguous) courts across the country have found that one-way fee shifting agreements do not violate public policy and are enforceable.
By Andrew S. Gallinaro
6 minute read
September 02, 2015 | The Legal Intelligencer
Impact of 'Daimler' on Registering as Foreign CorporationWhat are the jurisdictional consequences of registering as a foreign corporation in a state where a corporation would like to conduct business? If, for example, a California corporation registers to do business in Pennsylvania, is it subject to suit in Pennsylvania by a New York resident based on conduct that occurred in New Jersey? Under specific personal jurisdiction analysis, the answer is clearly no. But is there an argument that the corporation is subject to general personal jurisdiction, making it susceptible to suit in Pennsylvania despite the lack of any connection between the dispute and the commonwealth?
By Andrew S. Gallinaro and Elizabeth A. Ford
8 minute read
September 02, 2015 | The Legal Intelligencer
Impact of 'Daimler' on Registering as Foreign CorporationWhat are the jurisdictional consequences of registering as a foreign corporation in a state where a corporation would like to conduct business? If, for example, a California corporation registers to do business in Pennsylvania, is it subject to suit in Pennsylvania by a New York resident based on conduct that occurred in New Jersey? Under specific personal jurisdiction analysis, the answer is clearly no. But is there an argument that the corporation is subject to general personal jurisdiction, making it susceptible to suit in Pennsylvania despite the lack of any connection between the dispute and the commonwealth?
By Andrew S. Gallinaro and Elizabeth A. Ford
8 minute read
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