Forum Selection Bylaws: Where We Are and Where We Go from Here
Rick Alexander, James Honaker, and Daniel Matthews authored “Forum Selection Bylaws: Where We Are and Where We Go from Here,” published in the July 2013 Securities Litigation section of Insights: The Corporate & Securities Advisor (Vol. 27, No. 7).
The Delaware Court of Chancery recently held that forum selection bylaws that identify Delaware as the exclusive forum for litigating intra-corporate disputes are facially valid under the Delaware General Corporation Law and traditional contract law principles. This article analyzes the consolidated decision in Boilermakers Local 154 Retirement Fund v. Chevron Corp. and IClub Investment Partnership v. FedEx Corp. and its impact on the validity and enforceability of corporate forum selection provisions. The authors provide practice suggestions and considerations.
Published by Wolters Kluwer, Insights: The Corporate & Securities Law Advisor is a monthly newsletter that provides information and critical analysis about the latest developments in corporate and securities law on the state, national and international levels interpreted by the nation’s most respected corporate lawyers in firms, corporations, government, and academia.
Frederick H. Alexander, James D. Honaker, Daniel D. Matthews, “Forum Selection Bylaws: Where We Are and Where We Go from Here,” Insights: The Corporate & Securities Advisor, Vol. 27, No. 7 (July 2013)