I trust everyone's dried out and back to normal after Fay's interruption of our week. Hey, speaking of the law...... Today, it's forum selection clauses. For those of you who buy or sell goods or service (that's all of you, in case you didn't pick up on the sarcasm), this pertains to you.
When you buy a t.v. or your company buys 5 million widgets, there was some paper that documented that transaction. Among the invoices, receipts, bills of lading, service agreements and other possible paperwork was likely buried a forum selection clause. Forum selection clauses say that, if there is a dispute about the t.v. or the widgets, that dispute shall or may be resolved in a particular place or before a particular tribunal. In other words, you may live in Miami-Dade County and think that any problem with the t.v. or widgets will be resolved here and in court, but you could be wrong. All those papers may include a provision that says that you will litigate in the state courts of New Jersey, located in Bergen County or even that you will submit to arbitration.
These provisions are generally enforceable. I can't tell you how many calls I get from clients (actual and prospective) telling me about a problem and that we need to file suit only to receive the client's papers and find out that I have to refer the matter to someone in Texas because that's what the forum selection clause says.
So, what am I telling you? Read. Many people think "fine print" is just there for lawyers and that it doesn't mean anything. Yes, it does - it means your rights are being decided and delineated. You should read these things or bring them to someone who does so for a living. You don't want to solve a $40,000 out in Leavenworth, Kansas if you don't have to, right?
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