The recent decision of Bonanno v. VTB Holdings Inc., C.A. No. 10681-VCN (Del. Ch. Feb. 8, 2016) interprets Section 115 of the Delaware General Corporation Law (“DGCL”).
Section 115
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forum selection clause
McWane v. Lanier, III: Forum Selection Clause Displaces McWane Doctrine
By Fox Rothschild LLP on
Often times parties will include a forum selection clause in a contract or operating agreement to govern the forum in which disputes between such parties must be brought. When a…
Continue Reading McWane v. Lanier, III: Forum Selection Clause Displaces McWane Doctrine
Court Finds Subject Matter Jurisdiction Under the Delaware Limited Liability Company Act and Reiterates the Crystalline Standard Necessary for a Forum Selection Clause to Confer Exclusive Jurisdiction in a Particular Venue
By Sheldon Rennie on
If the contractual language is not crystalline, a court will not interpret a forum selection clause to indicate the parties intended to make jurisdiction exclusive.
Court of Chancery Stays Case in Favor of Later-Filed Matter
By Fox Rothschild LLP on
In the case of RWI Acquisition LLC v. Todd, C.A. No. 6902-VCP (Del. Ch. May 30, 2012), the Court of Chancery ruled on the issues of: (i) whether…
Continue Reading Court of Chancery Stays Case in Favor of Later-Filed Matter