The Legal Maneuver That Allows Corporations to Pretend That State Laws Don’t Exist


Stephen Erf said a 2013 Supreme Court decision strengthening choice-of-forum contract clauses created “a greater willingness to enforce the party’s choices based on freedom of contract principles. The Supreme Court said ‘look, if there’s a choice of forum clause, and the employee files suit in California, not only are we going to require the case to be transferred, we’re also going to say he can’t get the benefit of having California law applied.” Mr. Erf added this can help companies enforce non-compete agreements in states that often don’t protect them. Read the full article.