This past spring, the California Court of Appeal affirmed the enforceability of federal forum provisions (“FFPs”) in corporate charters. Bullock v. Rivian Auto., Inc., No. G063033, 2025 WL 1177303 (Cal. Ct. App. Apr. 23, 2025). FFPs, which require stockholders
Enhanced Scrutiny
Enhanced Scrutiny, published by Sidley Austin LLP, focuses on litigation and legal issues related to mergers and acquisitions (M&A) and corporate governance. The blog covers topics such as securities litigation, federal forum provisions in corporate charters, challenges to corporate bylaws including advance notice requirements, whistleblower complaints and board-level compliance obligations, jurisdictional questions in emerging areas like cryptocurrency, and Delaware Court of Chancery decisions. It provides analysis of recent court rulings and their implications for corporate governance practices, shareholder rights, and litigation strategy in the context of public and private companies.