November 16, 2014 |

Jurisdiction and Venue

Our client had a significant dispute with a credit card processor which was licensed in Malta. Some of the documents said that exclusive jurisdiction for any dispute had to be resolved in Malta. But we argued that the controlling document said “nonexclusive” jurisdiction in Malta. I traveled to Malta to take depositions on the jurisdictional issue and, in the course of those depositions, I was able to obtain very favorable testimony about the underlying disputes. The court in the state where our client was located ruled in our favor on the jurisdictional issue and the case proceeded through discovery. The matter was resolved with a settlement.