During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Wells Fargo's ERISA plan contained a forum selection clause, choosing the District of Minnesota, where the plan was administered. This decision holds sthat the forum selection clause is enforceable. ERISA allows a plan beneficiary three venues for bringing suit. 29 U.S.C. § 1132. Wells Fargo clause specified one of them. If Congress had meant to bar forum selection clauses in… Read More
Under Labor Code 92(f), a forum selection clause in an employment contract is invalid and unenforceable if the contract was "“entered into, modified, or extended on or after January 1, 2017." This decision holds that any modification of the employment contract after January 1, 2017 triggers the application of section 925, even if the modification did not affect the forum… Read More
A forum selection clause that applies to claims that "arising out of" a contract are limited to those relating to the interpretation and performance of the contract itself, whereas a clause that applies to claims "relating to" the contract encompasses disputes that reference the agreement or have some “logical or causal connection” to the agreement; here, the clause in the… Read More
Plaintiff’s shareholder derivative action against a corporation's executives and auditor in California was properly dismissed on forum non-conveniens grounds since corporation’s by-laws included a forum selection clause in favor of Delaware and auditor had consented to jurisdiction in Delaware. Read More
