Skadden on Delaware Chancery’s Rejection of Forum Selection Limits on Securities Act Claims

The CLS Blue Sky Blog

Cliff C. Gardner Kenton J. King Allison L. Land Edward B. Micheletti

Partners Cliff Gardner, Kenton King, Allison Land and Edward Micheletti review the Delaware Court of Chancery's recent decision in Sciabacucchi v. Salzberg, which held that forum selection provisions contained in the certificate of incorporation of Delaware corporations are invalid to the extent that they require any claim under the Securities Act of 1933 to be filed only in federal court.