Author Archives

Philip Mohr

A Statutory Inspection Claim Need Not Be Brought In The Foreign Company’s Home Jurisdiction, Even If That Foreign Jurisdiction Is Delaware

Where a partner seeks to enforce his statutory right to inspect a foreign partnership’s records, the claim is one of those types that need not be brought in the partnership’s home jurisdiction.  Albright v. Vining-Sparks Securities, Inc., et al., 2019 NCBC 80 (J.Gale).  As a result, Plaintiff’s claim […]

Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator

Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class […]