Forgive the basic question but can you contract around state statutes? For ex, customer wants to insert state contractor payment statutes and have that state law govern. I’m assuming the way around this is to have another more preferable state as choice of law?

likesmart
Posting as :
works at
You are currently posting as works at

You have to comply with state law where you are doing work, regardless of what a contract says. For example, you have to pay minimum wage of the state work is done in. The contract should describe who bears risk for the contractor failing to comply with those laws. Not sure that answers the question!

like

If this is a construction contract, it will depend on the jurisdiction, but generally the contract must be governed by the laws of where the Project is built, and the state prompt payment laws will include certain provisions that cannot be preempted by contract. For example NY prompt payment act has certain contract provisions that cannot be altered by contract, but also has permissive provisions that allow for the parties to alter certain terms by contract.

like

Sometimes. you’ll need to research the specific issue you are concerned about. And that is one way to do it, but then you better have an enforceable arbitration clause bc no state court is likely to uphold an out of state choice of law provision as it applies to contractors rights in that states.

like

Related Posts

Hi ,

Can anyone suggest about fitment round .

Any luck for US CPA in Canada?

like

What TC should I expect at an associate level from 1Bn fund based in Europe ? Is there any chance to get carry ?

like

With every day that passes by, I become ever more certain that a more fitting name for an attorney is "psychopath for hire"

likefunny

Looking to join Holcim a cement company as an Electrical Engineer I in Alabama.
What is a fair pay with roughly 2 years experience and an EIT license.

Is $80,000 fair to both me and the company. Since I'm really on the cusp of being an Electrical Engineer II?

like

Pro se plaintiff, an attorney, filed a complaint alleging mold defects after closing on a property. Client, layperson, may have agreed orally to a settlement amount without proof of damages prior to filing appearance and obtaining an attorney. Client filed appearance pro se, then plaintiff sent over a draft settlement agreement few weeks later which client didn’t sign. Client then got an attorney, filed answer, etc. Can this oral agreement be voided for coercion, indefinite mat’l term, etc?

like

What percent should I save for my Roth IRA vs Roth 401k vs taxable liquid investments? I’m 23 & live in a HCOL & make 70k.

like

Has anyone made the move from cyber security at the Big4 to cyber security for media companies? For example Disney or Warner Bros.

How did you manage it?

like

I still think of my ex. It’s been 9 months since our breakup. He cheated on me and although I walked away and never looked back, I still wonder how life is treating him. I know I deserve better. Sigh.

like

Which company is better to join as BigData Devloper\ Data Engineer?

Persistent - 25 LPA fixed
Deutsche Bank - 25 LPA fixed

YOE- 6.5
@persistent@Deutsche Bank

like

IQVIA new joiners, which iPhone are they giving you? I'm bored of the age old iPhone 7 I am currently using here.

like

Anyone looking to sublet a 2bd / 2bth at a new amenities building in River North? Rent is $3600

like

Hi all,

Can anyone refer me in
consulting?

B.Pharm grad + MBA (new IIM) with 2.5
years of prior work ex in pharma R&D (Drug
safety/pharmacovigilance). Working as an
SAP consultant in Deloitte USI since Aug-2020.

like

Hi fishes,

I am looking for a referral in JP Morgan, can someone please help? I have the Job ID with me. Thanks in advance!

like

I'll probably get shit for this. But please explain to me the purpose of letting women off the elevator first. Half of the time it's ridiculously inconvenient.

like

Looking for senior Salesforce developers/architects in the US! Joined my previous mentor in starting a new Salesforce practice. Company is based in SF but we’re ok with folks working remotely. Might require some travel once it’s safe again but not anytime soon. Good opportunity to be actively involved in building something from nothing

like

Had a really bad day 😞 I don’t know why I keep doing this to myself. Things will be going well and then out of nowhere I get blackout drunk. I am tired of feeling sick and anxious from drinking. I don’t really even want to drink sometimes but do it anyway. Blacked out last night, and still feel sick now. I’ve never shared with anyone that I have this problem, until I found this message board. I have so much anxiety that I won’t be able to get this under control. I feel isolated and sad.

like

S&O M with an offer for SM at competitor for 25% more base and large sign on. Worth having a comp conversation with D? I’m slightly left of middle of the MBA M band. New offer is at market for SM1.

like

Let’s celebrate 2021! What was something you accomplished this year that you’re proud of ?

like

What is your opinion on online assessments as part of the hiring process?

like

Additional Posts in In-House Counsel

I’m looking to transition to an in-house role. I have a litigation/investigations/regulatory background and haven’t had much success anywhere, even with referrals. Has anyone used a recruiter who specializes in in-house placements? Wondering if I’m doing something wrong in my application or if I am applying for the wrong roles. Thanks!

like

Does your company use a ticketing system to manage emails received by the legal department? What works and doesn’t work your team?

like

What would be a reasonable base salary for an in-house senior/managing counsel role? 10 YOE, SaaS with about 500 employees. Located in Los Angeles.

like

How far do you require depts be with negotiating commercial contract terms before your legal review? I’m talking routine low value and risk contracts (e.g., vendor services), where Legal terms won’t kill the deal. My clients blindly forward contracts. I say “are you sure this term is ok?” And often get “no.” They’re surprised because they never read them. Checking the temp to see what others experience, what might be normal. I feel contract training in my clients’ future...

like

For those who work in-house, did you submit a cover letter with your application?

like

Anyone have insight on how to move in-house at EY?

like

How did current in-house attorneys find their positions? I am currently in big law with 3 years of experience. Seems that most recruiters can only help me lateral to other big law firms.

Any downsides to leaving a “Counsel” role and moving into a “Legal Affairs” role? Still practicing and representing the company, just a difference of titles, so core work remains the same - what do you think?

like

I have the option to leave Biglaw for in-house position at Fortune 100 for 320k TC with 10 YOE in HCOLC. This is my first in-house role and so I wanted others' thoughts on TC range for my level.

like

Have any one used a resume coach or service for in house job search, particularly for IP and product counsel positions? If so, how did you find a good one? Thanks!

like

I’m an ERISA consultant for Marsh providing 3(21) and 3(38) services. I am interested in learning the opinion of in house counsel. Is it a priority in 2022 to outsource or mitigate fiduciary liability in light of the excessive fee lawsuits hitting employers? Would a trustee committee for a 401k plan hire a third party cofiduciary to share that risk? Lastly, what additional compensation should the 5500 signor receive when asked to be the trustee for a retirement plan?

like

Any advice for senior counsel looking to take career to next AGC level? What recommendations would you give in getting a promotion after 4.5 years of in-house practice + 9-10 years in law firms

like

I am far along in the interview process for a job I want (meeting with Chief Legal Officer next week), but am still accepting other interviews until I have a formal offer. However, I have an interview scheduled for early this week where, after further research, I don’t think I would be very happy. Should I let the recruiter know that now, or just do the interview for more “practice”? Thanks!

like

Would you say most in-house roles tend to hire from BigLaw?

like

How do you find in-house positions?

like

Anyone ever considered contractor gig in Meta/Facebook or any other big players in tech? I'm full-time in a smaller company and it's pretty stable. Wondering if the move could be worthwhile. Mostly want to explore other areas. Other things to consider: planning for babies in the next 3-5 years; maternity leave in current position is basically what's legally required.

like

I’m a mid-level, big law, tech attorney, moving abroad to France. Trying to get a work remote abroad job in-house - any suggestions of companies to apply to?

like

Considering joining a small 50-person company as the only attorney (prior attorney is retiring). (I am currently in-house at a F50). For others who have done the same path, what surprises did you have when moving from a large company to a small one?

For example, it sounds like I should not expect a document management system, based on a prior post in this bowl. I’m guessing expenses like state bar fees and cell phone are not reimbursed.

Any advice on things to expect (or not expect)?

like

Now that Facebook is Meta, I thought I’d just pitch MANGA as the new FAANG…

like

In house counsel who were ip litigators, what do you do now? When did you go in house and how is your total comp in house? How is work life balance?

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal