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‘May’ outweighs ‘shall’ in Russian choice of law provision, US judge says

By Melissa Ritti ( April 29, 2025, 14:25 GMT | Insight) -- Use of the word “may” in a “Governing Law” clause of an Independent Contractor Agreement between Xsolla, a global video game billing and distribution service, and its former chief technology officer was construed yesterday as permissive in nature by a California federal judge. In denying Russian citizen Albert Tagirovich Tugushev’s motion to dismiss, the court said earlier use of the word “shall” in the ICA is not enough to mandate a Russia forum for the parties’ trade secret and trademark infringement dispute.A lawsuit by Xsolla against its former chief technology officer and his new, competing business is moving forward in the US, with a California federal judge finding yesterday the plaintiff is not obligated to bring its claims in Russia....

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