If you hire a freelancer in New York City, do your contractual terms matter under the Freelance Isn’t Free Act (“FIFA”)? Yesterday, a decision by a New York County court says they do. In so doing, the Court dismissed a FIFA-based complaint filed against client Precision Initiative Tech. Corp., an Austin-based tech placement agency.
The decision is one of the few to date interpreting FIFA. It can be read HERE. The Court found that a choice of forum clause in the parties’ contract — requiring a lawsuit to be filed in Massachusetts — barred the suit from being filed in New York.
Even if you don’t hire freelancers in New York City, the decision can still be relevant to you. Others in locales including the United Kingdom are lobbying for legislation similar to FIFA. So don’t be surprised if FIFA-like legislation comes to your city in the not-too-distant future.
In the meantime, if you or a colleague have a breach of contract litigation or licensing issue, please contact me. My office always tries to find novel solutions even to tricky litigation and licensing issues.