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.

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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

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