Welcome to the Inaugural edition of the Commercial Litigation Update
, an e-publication of Barnes and Thornburg's Commercial Litigation Group. Click on a title below to download the article.Third Circuit Creates Rule for Legality of Exclusive Contracts
By Kendall Millard
The Third Circuit in Race Tires of America, Inc., et al. v. Hoosier Racing Tire Corp., et al., (Case No. 09-3989), affirmed a lower court’s summary judgment decision that exclusive, sole-source contracts between Barnes & Thornburg client Hoosier Racing Tire and organizations that sanction motorsports races did not violate federal antitrust law.The Protection of Forum Selection Clauses in Internet Commerce
By Mark Crandley and Andrea Warren
One of the perils of Internet commerce is the risk that a seller may be forced into lawsuits in distant states throughout the county. The Internet has the benefit of reaching consumers in far-flung places, but that benefit comes with the danger of costly litigation in unfamiliar jurisdictions that might be hostile to a corporate defendant. Forum selection clauses appear to be the answer.Controlling The Site of Litigation for Intra-Company Disputes
By Scott Murray
For many years, companies have sought to control litigation costs by including choice-of-law and exclusive venue provisions in their commercial contracts. A recent Delaware case suggests that a company might be able to obtain the same type of protection in intra-company and corporate fiduciary duty disputes by including provisions in corporate by-laws that restrict the venues in which shareholders can challenge company actions.Supreme Court Term To Address A Number of Important Business Issues
By Mark Crandley
The United States Supreme Court’s 2010-2011 term could quietly become a crucial year for cases of interest to manufacturers and other commercial interests. The Court has already decided to hear multiple cases that could have a direct affect on businesses throughout the country. Read more about some of those cases and their likely affect on businesses.About Us
Barnes & Thornburg's commercial litigators advocate our clients' rights in a wide variety of areas at both the trial and appellate levels in state and federal courts throughout the United States. We also represent clients in alternative methods for resolution of disputes outside the courtroom, through negotiation, mediation, and arbitration. We provide nationwide coordination of litigation for several Fortune 500 clients and we advise clients with respect to litigation prevention, insurance, and claims-management systems.
For more information about the group, contact Bill McErlean or Mike Rosiello, Co-Chairs of the Commercial Litigation Practice Group, or any of the group's attorneys in the following offices: Atlanta (404-846-1693), Chicago (312-357-1313), Columbus (614-628-0096), Elkhart (574-293-0681), Fort Wayne (260-423-9440), Grand Rapids (616-742-3930), Indianapolis (317-236-1313), Minneapolis (612-333-2111), South Bend (574-233-1171), Washington, D.C. (202-289-1313).©2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg.
This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances.