Federal Forum Provisions for ’33 Act Claims Declared Facially Valid
On March 18, 2020, in Salzberg, et al. v. Sciabacucchi, a unanimous Delaware Supreme Court, upheld the facial validity of federal-forum provisions—provisions adopted by Delaware corporations in their certificates of incorporation requiring plaintiffs who file actions arising under the Securities Act of 1933 (the “’33 Act”) to do so exclusively in federal court.
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