In Episode 3 of the Delaware Corporate Litigation Insights Podcast, hosts Francis Pileggi & Chauna Abner are joined by Lewis Brisbois partner Aimee Czachorowski to examine three recent Delaware Court of Chancery decisions that every corporate litigator should have on their radar. The trio explore how Delaware courts are approaching forum selection clauses in
forum selection
Chancery Upholds Tesla’s Texas Bylaw Forum Provisions
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision determined that the forum clause in the Tesla bylaws, after its redomestication in Texas, requiring derivative suits to be brought in Texas, would be upheld even though the lawsuits at issue were filed shortly before the Tesla shareholders approved the change and despite the suits being filed when…
Seventh Edition of National Law Review’s Corporate and Commercial Law Monitor
By Francis Pileggi on
Posted in Commentary
My 7th Edition as Editor-in-Chief of the Delaware Corporate and Commercial Law Monitor published by The National Review is now available.
We collect articles from around the country, by practitioners and academics, about the latest developments on the titular topic.
Delaware Choice-of-Law Provision Upheld
By Francis Pileggi on
Posted in Commentary, Other Court Decisions
Delaware case law is replete with decisions upholding provisions in contracts that choose Delaware as the governing law for any disputes related to an agreement. A recent Delaware decision adds to the large body of Delaware jurisprudence on this topic. See, e.g., selected decisions on choice-of-law enforceability from the Delaware Supreme Court and Delaware Court…