Thursday, March 19, 2020

Delaware Supreme Court Upholds Federal-Forum Provisions in Corporate Charters

Yesterday the Delaware Supreme Court issued an important decision on federal-forum provisions (FFPs)—that is, provisions in corporate charters requiring that actions arising under the Securities Act of 1933 be filed in a federal court. In Salzberg v. Sciabacucchi, the Delaware Supreme Court overturned the Delaware Court of Chancery’s decision that FFPs were invalid under Delaware law: “Because such a provision can survive a facial challenge under our law, we reverse.”

Recent Decisions, State Courts | Permalink


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