Asked in Business Law and Contracts for New York

Q: Conflict of laws

2 parties are entering into a legal agreement for one party to present a seminar for the other party in a different state. The parties both operate in New York State but the seminar will actually be delivered in Maryland. Which state laws would govern the agreement, New York or Maryland?

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4 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: You are free to choose, but NY is most likely preferable.

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: Sorry, to follow up on my earlier email... There would be an opportunity to contract with the other party to decide that, but if something happens at the event in Maryland than that state could have jurisdiction as well. Best to square it away beforehand.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: What does the contract say about Choice of Law? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Mitchell A. Nathanson
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Answered
  • Garden City, NY
  • Licensed in New York

A: If it is not set forth in the contract then the party commencing the action gets to pick the forum.

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