Tag: exclusive federal forum provisions

Will the Delaware Supreme Court revive exclusive federal forum provisions for ’33 Act claims?

Yesterday, the Delaware Supreme Court heard the appeal in Sciabacucchi v. Salzberg (pronounced Shabacookie!) in which the Chancery Court held invalid exclusive federal forum provisions for ’33 Act litigation in the charters of three Delaware companies. Few of the justices revealed their inclinations, so it’s difficult to predict the outcome.  We’ll have to wait for the Court’s final decision.