Delaware Court of Chancery Chancellor Leo E. Strine Jr. has criticized the "first-filed" doctrine in a paper he wrote for Harvard Law School’s John M. Olin Center for Law, Economics and Business. Strine encouraged courts to replace the first-filed doctrine, which grants priority to the first jurisdiction in which a plaintiff filed in derivative litigation, with a doctrine that awards jurisdiction to the defendant corporation’s state of incorporation.
Strine co-wrote the article, titled "Putting Stockholders First, Not the First-Filed Complaint," with Lawrence A. Hamermesh, the Ruby R. Vale Professor of Corporate and Business Law at Widener University School of Law, and Matthew Jennejohn, an associate at Shearman & Sterling, a New York firm.
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