Category Archives: Jurisdiction

When You Choose New York Law – Have You Chosen New York Law?

This was originally published on the SGR Blog.

As members of SGR’s transportation group, Marc (in New York) and Shani (in L.A.) are often called upon to advise clients about the choice of the law to govern the interpretation and enforcement of agreements and the place for adjudication of disputes (likely with little nexus to New York other than that clause). And, as a commercial litigator in New York, Victor must navigate, challenge or defend those choices.

One of the factors to be considered is the extent to which the Courts in New York will enforce the selection of New York law and venue.

Under agreements, governed by New York law, but involving parties in different jurisdictions, disputes often arise as to which state’s substantive law applies. “Old Timers” were schooled in choice of law/conflict of law analysis under the “grouping of  contacts”/”center of gravity”/“significant relationship” protocols.

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How Many Telephone Calls or Emails Are One Too Many?

The First Department recently adjudicated an appeal in which one of the several issues considered was whether telephone and email communications to New York from an out-of-state party sufficed to find purposeful activity or contacts that conferred personal jurisdiction.

In C. Mahendra (NY), LLC v. National Gold & Diamond Ctr., Inc., 2015 NY Slip Op 01157 (First Dept. February 10, 2015), the Appellate Division unanimously reversed, on the law, an Order of Supreme Court, New York County (Coin, J.), that “granted defendants’ motion to dismiss the complaint for lack of personal jurisdiction.

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