Why Chancery Nixed Delaware Forum Selection


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 December 2018 decision in Sciabacucchi v. Salzberg CA, which held that forum selection provisions in the certificates 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.