Legal Question in Business Law in Texas

Venue for legal action

I am an independent consultant and the company I want to contract with has asked me to sign an NDA. I live in Texas and the work will be performed in Texas. In the NDA, in one section it reads ''Both parties agree that the exclusive venue for any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to their breach, shall be in the state or federal courts located in the State of Delaware and that such courts shall have personal jurisdiction over the parties to this Agreement.'' Does this mean if the company filed on me or I had a dispute with them then I would have to hire a Vermont lawyer and go to Vermont for legal proceedings?


Asked on 3/20/07, 1:03 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Venue for legal action

You wrote Delaware and then Vermont. Under that provision, you would have to sue and be sued in the correct one of those and not in Texas. You can try revising the agreement to make it reciprocal or more difficult to sue. Feel free to contact me on this; it would not take much time to revise it.

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Answered on 3/20/07, 1:14 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Venue for legal action

Not Vermont, but Delaware according to the venue provision. I would strike that out and substitute your county and Texas for venue.

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Answered on 3/20/07, 3:08 pm


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