Transnational Employment Disputes and Forum Non Conveniens
When a company headquartered in the United States enters into an employment contract with an individual working abroad, both parties generally expect the relationship to be mutually beneficial. In most cases, these expectations are realized. In a small number of cases, however, the relationship collapses into acrimony. When this occurs, the U.S. employer may bring…
Continue ReadingIdiosyncratic Approaches to Enforcing Choice-of-Law Clauses
On December 16, 2025, the Sixth Circuit decided Andujar v. Hub Group Trucking, Inc. The issue presented was whether the Tennessee Supreme Court had adopted Section 187 of the Restatement (Second) of Conflict of Laws as the test for determining whether a choice-of-law clause should be given effect as a matter of Tennessee common law….
Continue ReadingState Presumptions Against Extraterritoriality Apply to State Statutes
At TLB, we write a lot about extraterritoriality in general and about the federal presumption against extraterritoriality in particular. For the last three decades, the federal presumption has been the principal tool that courts have used to determine the geographic scope of federal statutes. But what if the statute in question is a state statute?…
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