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Expert Analysis

Potential Risks Of Boilerplate NY Choice Of Law Clauses

By Glenn West (July 2, 2018, 4:34 PM EDT) -- New York's highest court recently ruled, in 2138747 Ontario Inc. v. Samsung C&T Corp.,[1] that a breach of contract claim arising from a nondisclosure agreement containing a New York choice of law clause and brought in a New York state court was "time-barred pursuant to Ontario's two year statute of limitations." This seemingly surprising result presents an opportunity to re-examine standard boilerplate New York choice of law clauses and the nature and extent of the law chosen thereby....

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