Prof. Davidoff on Prof. Grundfest’s “Delaware Choice of Forum” Strategy

Posted on October 26, 2010 by Francis Pileggi

Professor Steven Davidoff provides scholarly commentary here on a lecture that Professor Joseph Grundfest recently presented to the Delaware Bench and Bar, as described here, that provides corporations a method to choose Delaware as the forum for intracorporate disputes. Several major corporations have recently included enabling provisions in their organizational documents in connection with what appears to be an increasing trend to make Delaware their choice of forum either in their certificate of incorporation or bylaws. This may counter another trend (according to some commentators), referenced here, in which suits are increasingly being filed outside of Delaware even when Delaware law controls based on the internal affairs doctrine.

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