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Francis Pileggi brings to my attention a number of suits filed in the past two days against Delaware companies with exclusive forum provisions in the bylaws. The exclusive forum bylaws are typically adopted by boards and not shareholders. They purport...
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Chancery Dismisses LLC Dispute Based on Forum Selection Clause Requiring Louisiana Jurisdiction and Arbitration
PPF Safeguard LLC v. BCR Safeguard Holding LLC, C.A. No. 4712-VCS (Del. Ch. July 29, 2010), read opinion here. Brief Overview Although no new law was announced in this case, the analysis concludes that all the claims are either subject to an arbitration clause or are subject to a mandatory forum selection clause requiring suit to be filed in Louisiana...
Multiple New Suits Challenge Exclusive Forum Selection Bylaws in Delaware Court of Chancery
We typically focus on summarizing corporate and commercial decisions of Delaware’s Supreme Court and Court of Chancery, but today we find noteworthy a bevy of new lawsuits just filed in the Delaware Court of Chancery that challenge bylaws in several companies that require … Continue reading →
Prof. Davidoff on Prof. Grundfest's "Delaware Choice of Forum" Strategy
Professor Steven Davidoff provides scholarly commentary here on a lecture that Professor Joseph Grundfest recently presented to the Delaware Bench and Bar, as described here, that provides corporations a method to choose Delaware as the forum for intracorporate disputes...
Please Welcome the New Delaware Trial Practice Forum Blog
Please join me in a warm welcome to the blogosphere for a new blog that is designed to cater to Delaware lawyers and judges. The recently launched Delaware Trial Practice Forum Blog was advertised as follows in an email sent … Continue reading →
Choice of forum and corporate governance
Choice-of-forum provisions are potentially important in all contracts. Not only can they match the parties with expert and efficient adjudicators, but they can reinforce a choice-of-law clause because courts tend to apply forum law...
Quinn on Migration of Shareholder Lawsuits Out of Delaware
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Brian J.M. Quinn (BC Law School) has posted Shareholder Lawsuits, Status Quo Bias, and the Adoption of the Exclusive Forum Provision [Draft] on SSRN. Here is the abstract: Observers have noted a trend of shareholder lawsuits migrating out of Delaware...
Win Lawsuit Suit Against Employer for Infiltrating their MySpace Forum
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Nielsen Media Challenged
TV ratings company to pay undisclosed settlement in antitrust lawsuit.