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Michael Huffington v. T.C. Group, LLC; the Carlyle Group; Carlyle Capital Corporation, Ltd

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

BOUDIN, Circuit Judge. This appeal concerns a forum selection clause in a securities contract. Michael Huffington, a Massachusetts resident, made a $20 million investment in a fund raised by The Carlyle Group (“Carlyle”), a trade name for T.C. Group, LLC, a global investment management firm organized under Delaware law with its principal place of business in Washington, D.C. The investment occurred after Huffington had discussions with David Rubenstein, a founder and managing director of Carlyle.

According to the complaint, whose allegations we accept as true for purposes of this appeal, Chmielinski v. Massachusetts, 513 F.3d 309, 311 (1st Cir. 2008), there had been earlier discussions between Huffington and Rubenstein about Carlyle’s private equity business, but Huffington expressed reservations about private equity because of his cautious investment philosophy and told Rubenstein that he “wanted something more conservative.” Rubenstein told Huffington that he would check on Carlyle investment products more suitable for Rubenstein’s risk profile.

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