Forum Selection is Not an Accident

Forum selection plays a part in every lawsuit, in every jurisdiction. In addition to detailing the federal statutes and rules that affect venue and forum, this course explores the strategic and legal considerations that enable litigators to make informed decisions about which forum presents the best chance of success for their clients. This course is not limited to civil litigation, however. Forum selection is a standard part of every contract, although it is often an afterthought, if addressed at all. Once a dispute arises, however, the forum selection clause (or rather, lack thereof) may become one of the most essential terms in the contract.

This course will provide a comprehensive review of the applicable federal statutes and procedural rules governing subject matter and personal jurisdiction, as well as venue. It will also address seminal cases that have impacted forum selection and venue, as well as provide a review of key concepts, including those embodied in the Erie and Rooker-Feldman doctrines. With this foundation laid, the course will then explore modern developments in choice-of-law litigation, such as how developments in video conferencing affect claims of forum non conveniens, and what the Supreme Court’s decision in Trump v. CASA, Inc., means for litigators looking to challenge federal action writ large.

The seminar will also address how the concepts and caselaw discussed above affect the languages used by a transactional attorney who wants to ensure that, if a dispute arises, the client is placed in the best possible position to enforce the contract to their benefit. This includes drafting provisions that codify the client’s choices about where a dispute will be heard and what law will apply.

This program is designed for attorneys with moderate litigation experience. Transactional attorneys, civil attorneys, and other litigators are encouraged to attend.

Learning Objectives:

1. Review basic concepts related to venue and jurisdiction, including a refresher on foundational cases and doctrines that every practitioner should know. 
2. Identify modern trends in caselaw across various jurisdictions as they relate to forum and choice of law. 
3. Examine the impact of recent Supreme Court decisions on a litigator’s choice of forum.
4. Explore contract language that affects where a dispute over the contract is heard, which court or other authority has jurisdiction over the dispute, and what law applies.