About the Course
Introduction
This CLE webinar will explore how Mallory v. Norfolk Southern reshaped personal jurisdiction and why counsel must revisit the calculus of where an organization could face litigation. Plaintiffs are increasingly testing consent-by-registration theories and legislatures are experimenting with new jurisdictional hooks.
Description
Companies commercially operating nationwide typically rely on exclusive forum selection clauses and choice-of-venue provisions to control dispute location. Post-Mallory, the risk now includes a second approach: plaintiff-friendly forums leveraging state registration and consent arguments, while a Dormant Commerce Clause question remains unsettled by SCOTUS as recently as October of 2025.
The panel will discuss practical drafting guidance to strengthen forum selection clauses, align them with arbitration agreements as a first-line defense, and anticipate enforcement fights.
Listen as our panel navigates best practices for drafting forum protection, mitigating registration-driven jurisdictional risk, and controlling venue in a post-Mallory landscape.
Presented By
Mr. Maloney is an experienced trial attorney who has recovered millions of dollars on behalf of clients. As lead counsel, he has tried cases in both court and arbitration proceedings. Mr. Maloney guides his clients through the litigation process with personal attention and a hands-on approach. His practice spans a wide array of disputes and claims including civil rights, securities, commercial, financial, intellectual property, personal injury, legal malpractice, and medical malpractice. Mr. Maloney is an experienced appellate advocate and has successfully briefed and argued appeals in state and federal courts on a range of legal issues. He also advises clients on corporate and transactional matters. Mr. Maloney has lectured and published on legal subjects including arbitration and civil procedure.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, March 17, 2026
- schedule
1:00 PM E.T.
I. Introduction: revisiting Mallory
A. Consent-by-registration vs. minimum contacts; PA's statute
B. Unresolved Dormant Commerce Clause
II. Post-Mallory fallout
A. Which states are "Mallory states," which are not, and why
B. What to monitor at state, federal, and SCOTUS
III. Drafting to control forum
IV. Can arbitration act as "forum protection"?
V. Enforcement: What happens when you get sued anyway
VI. Best practices and takeaways
The panel will cover these and other important topics:
- Consent-by-registration theories and how to assess exposure state-by-state
- Forum selection clauses that are more likely to be enforced
- Arbitration clause strategic use to reduce multi-forum litigation risk
Related Courses
FAR Subcontractor Flowdown Terms in Government Contracts: Practical Guidance for Primes and Subs
Tuesday, March 10, 2026
1:00 PM E.T.
