Following the March 2018 decision in Cyan Inc. v. Beaver County Employees Retirement Fund, there has been a proliferation of case filings asserting putative class action claims under the Securities Act in state courts throughout the United States.
Two days shy of the two-year anniversary of that decision, the Supreme Court of Delaware—in Salzberg v. Sciabacucchi—reversed a lower court decision and held that Delaware corporations can implement federal forum-selection provisions for Securities Act claims in their certificates of incorporation.
In this chapter of our 18th Annual Corporate Governance & Executive Compensation Survey, we discuss the impact both decisions have had on forum selection trends.
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