The U.S. Court of Appeals for the Third Circuit Strikes Down Delaware's Confidential Arbitration Program

John P. DiTomo, Morris Nichols Corporate and Business Litigation Group member, authored “The U.S. Court of Appeals for the Third Circuit Strikes Down Delaware’s Confidential Arbitration Program,” published in the November 2013 State Corner section of Insights: The Corporate & Securities Law Advisor (Vol. 27, No. 11).

On October 23, 2013, a three-judge panel of the U.S. Court of Appeals for the Third Circuit - issuing three opinions, a majority, concurrence, and dissent - affirmed a District Court ruling enjoining the Delaware Court of Chancery’s arbitration program.  The article provides analysis and comment on the Court's opinions.

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