A Costly Drafting Mistake
When I teach Conflict of Laws, I spend a lot of time showing my class how to draft a good choice-of-law clause. It’s not hard. Everything you need to know is laid out in the Primer on Choice-of-Law Clauses. Unfortunately, these instructions are not always followed. In one recent case, Pool Scouts Franchising LLC v….
Continue ReadingMultistate Defamation, Cross-Border Torts, and Choice of Law
Multistate defamation cases have always presented difficult choice-of-law problems, but the advent of the internet has exacerbated them. Nunes v. Cable News Network, Inc is a good example on point, besides being a very interesting case on other grounds. This post presents this case, but also examines how other countries resolve conflicts in cases of…
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