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Case Law Summaries

Delaware – Forum Selection Charter Provisions

Delaware - Sciabacucchi v. Salzberg, C.A. No. 2017-0931, decided 12/19/18. The Delaware Chancery Court ruled that provisions in the defendant corporations’ certificates of incorporation requiring any claims brought under the Securities Act of 1933 be filed in federal court were ineffective. The General Corporation Law does not authorize a Delaware corporation to regulate external relationships and a Sec. 1933 Act claim is external to the corporation.

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