A recent medical device case shows that an employer could lose the benefit of a forum-selection clause by failing to sue its former employee along with the new employer at the outset of the case. Unfortunately, in this case, the decision not to do so had dire consequences for the employer.
Multi-national corporations operating in the United States often question whether their trade secrets will receive adequate protection in foreign markets. With this concern in mind, multi-national companies commonly prefer to litigate in U.S. courts where legitimate trade secret rights are consistently respected. When parties and witnesses are located abroad, keeping litigation in U.S. courts, however, presents certain challenges. Smart litigation decisions can make the difference.