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L-3 COMMUNICATIONS v. SAFENET

45 A.D.3d 1 (2007)

841 N.Y.S.2d 82

L-3 COMMUNICATIONS CORPORATION, Appellant, v. SAFENET, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 30, 2007.

Attorney(s) appearing for the Case

Blank Rome LLP, New York City (Kenneth L. Bressler and Jeremy L. Reiss of counsel), for appellant.

Venable, LLP, Baltimore, Md. (John A. McCauley, of the Maryland bar, admitted pro hac vice, and Kambon R. Williams of counsel), and Venable LLP, New York City (Lawrence H. Cooke II and Liam C. Ewing, Jr., of counsel), for respondent.

MAZZARELLI, J.P., WILLIAMS, CATTERSON and KAVANAGH, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

This appeal requires us to determine which of two competing forums, New York or Maryland, is the appropriate forum for litigation of this dispute over an exclusive licensing agreement. Specifically, we are asked to decide whether the forum selection clause in the parties' agreement is mandatory or permissive, whether the Maryland action should be given priority based on the first-in-time rule, and whether defendant SafeNet...

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