Stay updated with breaking news from Forum Selection Provisions. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
Ten years ago, I questioned in this space whether a Delaware forum selection charter provision would survive constitutional scrutiny if it involved a de facto waiver of a jury trial...
The Ninth Circuit’s ruling could have a number of ramifications. First, the decision could further encourage companies to draft broad forum-selection provisions that cover even claims that are subject to exclusive federal jurisdiction.
In March, the Delaware Supreme Court held in Salzberg v. Sciabacucchi, 227 A.3d 102 (Del. 2020) that "Federal Forum Selection Provisions," corporate bylaw or charter provisions that require claims under the Securities Act of 1933 (the "Securities Act") to be brought in federal court, are facially valid under Delaware's General Corporation Law. Wilson Sonsini represented Stitch Fix, Inc. and Roku, Inc. and their respective directors in the Sciabacucchi case, and previously issued an alert describing the Sciabacucchi opinion. The Delaware Supreme Court, however, expressly left open th...