Supreme Court Decision Allows Employers to More Easily Enforce Forum Selection Clauses

Employers should review the forum selection and choice of law clauses in their employment and non-competition agreements following the Supreme Court's recent decision in Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas, 134 S. Ct. 568, 571 U.S. ___ (Dec. 3, 2013). Atlantic Marine, which held that contractual forum selection clauses should be enforced in all but the most exceptional cases, may prove especially helpful to employers who seek to enforce non-competition agreements against employees who work or live in states that disfavor such restrictive covenants (such as California).

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