Back To Google’s Backyard: Forum And Venue Clause Enforced To Dismiss Putative Class Action

For most corporations, standard forum and venue "home court advantage" clauses are par for the course.  For companies with an expansive reach like Google's, they are essential. Google has long included these clauses in its standard terms of use, and courts have enforced them to dismiss potentially expensive cases at the earliest stage of litigation. The recent Rudgayzer v. Google putative class action makes clearer that companies should follow Google's successful example when drafting and litigating forum and venue clauses.

The Google terms of use specify that disputes arising from the use of Google products will be litigated in Santa Clara County, California, near Google's Mountain View headquarters. Google requires all users to click a button indicating that the user has reviewed and agrees to the terms of use. These agreements are "clickwrap" contracts of adhesion that require assent as a prerequisite for use of the service.  While clickwrap contracts must provide