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WilmerHale

Delaware Forum Selection Clause Binds California Shareholders

WilmerHale on

The California Supreme Court handed a major victory to Delaware corporations facing shareholder litigation in California courts but left open questions about how durable the success will be. In EpicentRX v. Superior Court...more

Troutman Pepper Locke

Delaware Corporate Charters Cannot Incorporate Provisions of Third-Party Agreements by Reference

Troutman Pepper Locke on

In Seavitt v. N-able, Inc., the Delaware Court of Chancery held that certain governance rights granted to a corporation’s significant stockholders were statutorily invalid. This included a provision purporting to allow those...more

Goodwin

Delaware Court of Chancery Invalidates Governance Rights in Stockholder Agreement

Goodwin on

On February 23, 2024, the Delaware Court of Chancery issued a decision in a class action lawsuit (West Palm Beach Firefighters’ Pension v. Moelis & Co.) that concluded most of the control provisions in a stockholder agreement...more

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