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On March 18, 2020, in a landmark ruling in Salzberg v. Sciabacucchi, No. 346, 2019 (Del. March 18, 2020), the Delaware Supreme Court upheld the validity of provisions included in a Delaware corporation’s certificate of incorporation that require shareholders of that corporation to sue in federal court, rather than state court, over alleged violations of the Securities Act of 1933 (the Securities Act). (For more details on the Salzberg decision, see Michael G. Bongiorno, et al., Delaware Supreme Court Upholds Validity of Federal Forum Provisions in Landmark Ruling, March 19, 2020).

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