additional terms to by-nc-sa
james.grimmelmann at yale.edu
Tue Jul 6 17:49:00 EDT 2004
>This is also wildly out of my area of expertise, but couldn't you sue a
>company in a jurisdiction other than the one the company is incorporated
>in if the company does business in the jurisdiction you want to sue it in?
This is true as a general matter. You can sue a company in the state where
it's incorporated, in the state where it has its headquarters, or in any
state where it has a substantial business presence. Having an office with
employees in a state is usually enough.
Having said that much, imposing a choice-of-venue clause in this way might
not be legally effective. If you want to insist that you be sued, if at
all, in Santa Clara County, that is more likely to work than insisting that
you be allowed to sue them in Santa Clara County.
Jurisdiction and choice of forum issues are very complex, not wholly
predictable, and almost purely matters for lawyers.
Usual disclaimers: I speak for myself, and I'm not giving legal advice.
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