Delaware Corporations Can Rely On Federal Forum Provisions for ’33 Act Claims
The Energy Law Blog
MARCH 19, 2020
Delaware corporations routinely include “exclusive federal forum” provisions in their charters and bylaws to designate federal courts as the exclusive forum for litigating claims under the Securities Act of 1933 (the “ ’33 Act ”). Corporations generally prefer to litigate these claims in federal court as state court is viewed as inefficient and more inclined to grant plaintiffs a summary judgment ruling.
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