Forum Selection Clauses in Corporate Charters and Private Contracts: Litigating Enforceability and Interpretation
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will explore litigating forum selection provisions in contracts and corporate charters. The webinar will first guide counsel through court interpretations of forum selection provisions and drafting conventions. Then, the panel will explore the enforceability and limits of such provisions for certain types of claims when included in corporate charters, as recently discussed in Salzberg v. Sciabacucchi (Del. Mar. 2020), and now Wong v. Restoration Robotics Inc. from California (Sept. 2020).
- Forum selection provisions
- Governing law
- Ambiguous provisions
- Exclusivity issues
- Scope of forum selection
- Applicability to non-signatories
- Source of forum selection provisions
- Corporate charter documents
- Multiple parties
- Drafting practices
The panel will review these and other key issues:
- What are forum selection provisions?
- What law governs?
- What makes them ambiguous?
- When will such provisions not be enforced?
- Can arbitration provisions ever apply retroactively?
- How does the enforceability of arbitration affect other provisions in the contract?
Professor John F. Coyle
Professor of Law
UNC School of Law
Mr. Coyle joined the Carolina Law faculty in 2010 and serves as the Reef C. Ivey II Distinguished Professor of Law. His... | Read More
Mr. Coyle joined the Carolina Law faculty in 2010 and serves as the Reef C. Ivey II Distinguished Professor of Law. His teaching and research interests include contracts, corporate law, and conflict of laws. Mr. Coyle is the author of more than two dozen articles on topics ranging from contract boilerplate to venture capital to private international law. His work has appeared in the Duke Law Journal, the Iowa Law Review, and the William & Mary Law Review, among others. In 2015, Mr. Coyle received the Frederick B. McCall Award for teaching excellence from the graduating class at Carolina Law.Close
Michael D. Lane
Mr. Lane has deep litigation experience in state, federal and administrative courts. He has represented clients in... | Read More
Mr. Lane has deep litigation experience in state, federal and administrative courts. He has represented clients in many class action and single-plaintiff litigation cases involving contracts, labor and employment, intellectual property, unfair competition and regulatory matters. He has also handled intellectual property litigation, where he represented clients in both state and federal courts. His areas of concentration include commercial litigation, complex litigation, trade secrets/unfair competition/employee mobility, contract disputes/business torts, labor and employment, franchise law, products liability, class action, and intellectual property litigation.Close
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