Article

Will Delaware Sciabacucchi Decision Limit Multi-Jurisdictional Securities Act Litigation?

Westlaw Journal of Securities Litigation and Regulation

05 May 2020

James J. Beha II and Steve Rappoport authored an article for the Westlaw Journal of Securities Litigation and Regulation in which they analyze a recent Delaware Supreme Court decision in Salzberg v. Sciabacucchi upholding the validity of corporate bylaw provisions regarding federal forum selection (FFP).

“While it is now clear that FFPs are valid under Delaware law, these provisions will effectively limit duplicative state-court litigation only if other courts – particularly state courts in New York and California, where the majority of state-court Securities Act cases are filed – enforce them,” the authors wrote.

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