This Friday, January 7, I’ll be presenting a paper on this topic at the AALS Section on Agency, Partnership, LLC’s and Unincorporated Associations, 8:30-10:15, Hilton, Franciscan A, Ballroom Level, Hilton San Francisco Union Square. [Yes, at the Hilton. That’s a long story in itself with many plot lines and themes, which I will get into here if provoked.]
Other speakers will be Jens C. Dammann (Texas), Franklin Gevurtz (McGeorge), Mohsen Manesh (Oregon).
My paper considers the relationship between choice of adjudicator or forum and choice of law in business associations, focusing on LLCs. The bottom line is that jurisdictional choice concerns both issues, and that there are significant differences between LLCs and corporations. So my tentative title is “Choosing Form and Forum.”
My prior writings relating to this talk include:
Choice of Forum and corporate governance, and Litigating Delaware Governance Law in an Alien Land (discussing forum and law choice for business association litigation).
Jurisdictional Competition for Limited Liability Companies (with Kobayashi, forthcoming Illinois Law Review) (which shows data indicating that large LLCs end up in Delaware, and do so for the courts rather than for the law, and includes a discussion of Professor Dammann’s work).
The Uncorporation and Corporate Indeterminacy (discussing the differences between LLC and corporate law and the ramifications of this difference).
Manesh on the market for LLC law (discussing Manesh’s paper).
So, if you’re in SF, hope to see you Friday.