The Licensing Corner
Rooney Nimmo PC
CHOICE OF LAW IN CROSS-BORDER LICENSE AND CONFIDENTIALITY AGREEMENTS
As lawyers, it’s our job to anticipate and head off disputes. If a dispute nevertheless arises, the competence of both sides’ lawyers is immediately put to the test-in the form of a big glaring spotlight on the agreement’s choice of law and forum clause. Is the clause clear? Is the dispute in question captured by the clause cleanly, or is there ambiguity that could be the basis for the other side to delay or disrupt? The client that is forced to incur massive legal fees just to find out which forum, or which country’s law, applies in a dispute is an unhappy client indeed.