Case
Salzberg v. Sciabacucchi
27 published works
Business Law Prof Blog
“Unsettled”
By Ann Lipton
Well, it’s here, the SpaceX S-1. I still haven’t gone through the whole thing, so I’m jumping specifically to the provisions limiting shareholder litigation rights. As we all know, Texas…
Securities Law Prof Blog
New Securities Law Articles in Print
The following law review articles relating to securities regulation are now available in paper format:Anat Alon-Beck, Bargaining Inequality: Employee Golden Handcuffs and Asymmetric Information, 81 Md. L. Rev. 1165 (2022).Madison…
The CLS Blue Sky Blog
The Corporate Contract and the Internal Affairs Doctrine
No rule of corporate law may be more foundational than the internal affairs doctrine. The doctrine provides that the internal affairs of a corporation – the “matters peculiar to the…
The D&O Diary
Guest Post: 2020 Year in Review – Securities Litigation
2020 was an eventful year in the world of corporate and securities litigation. In the following guest post, attorneys from the Haynes and Boone LLP law firm take a look…
The CLS Blue Sky Blog
Skadden Discusses California Ruling Upholding Exclusive Federal Forum Charter Provision
By Virginia Milstead, Peter B. Morrison, Raza Rasheed
On September 1, 2020, Judge Marie S. Weiner of the San Mateo County, California Superior Court held that an exclusive federal forum provision was enforceable under California law. See Wong…
Wiley Executive Summary
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
A California court ruled that a forum selection provision in a Delaware company’s registration statement requiring that certain securities litigation be brought solely in federal court was enforceable. Wong v.…
The D&O Diary
California Court to Address Enforceability of Delaware Corporation’s Federal Forum Provision
After the Delaware Supreme Court’s March 2020 decision in Salzberg v. Sciabacucchi upholding the facial validity of corporate charter provisions designating federal court as the forum for Securities Act liability…
The D&O Diary
The Post-Cyan Section 11 Litigation Environment
Over the last two years, there have been two important judicial decisions concerning Section 11 litigation. In March 2018, the United States Supreme Court unanimously held in the Cyan case…
Delaware Chancery Law Blog
Delaware Supreme Court Validates Charter Provisions Requiring that Federal Securities Act Claims be Brought in Federal Court
By Fox Rothschild LLP, Kasey DeSantis
In the highly anticipated decision of Salzberg v. Sciabacucchi, No. 346, 2019, 2020 WL 1280785 (Del. Mar. 18, 2020), the Delaware Supreme Court held that a provision in several Delaware…
Federal Securities Law Source
Delaware Supreme Court upheld federal forum provisions regarding Securities Act claims
Forum-selection provisions are common tools for corporations seeking to counteract potentially abusive shareholder litigation. Last month, the Supreme Court of Delaware held that Federal forum provisions, which require actions arising…