Important Contractual Provisions

A recent North Carolina case, Perficient v. Pickworth (8/6/12) points out the importance of including provisions in business and employment contracts under which the parties agree where litigation will take place (a forum selection clause) and a further provision that the parties consent to jurisdiction in such forum.

Many contracts include a choice of law provision, which identifies the state or other law which will control in any dispute related to interpretation and enforcement of the agreement. But if a court lacks jurisdiction over the parties, or venue is more convenient in another location, legal action may be initiated in or transferred to, a different state, notwithstanding the choice of law provision.

LOADING PDF: If there are any problems, click here to download the file.

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.