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A Delaware Forum Selection Clause Can Help Delaware Businesses Manage Litigation Risk

Date Posted: 3/20/2014

Managing litigation risk is a challenging but essential task for businesses of all types and sizes. A forum selection clause that designates the Delaware courts for resolving disputes can reduce the chance that a commercial or intra-corporate dispute is litigated by opportunistic counterparties before a court or other tribunal that is inconvenient to your business, or that lacks the specialization needed to most effectively resolve the dispute.

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Delaware’s Business Courts: Litigation Leadership

Date Posted: 1/28/2014

Delaware’s continued preeminence in corporate law is contingent on not only the perception but the reality that the Delaware judiciary is engaged in principled decision making. Corporations should not turn away from courts as dispute-resolution mechanisms, and Delaware provides a blueprint for how to succeed in bringing corporations back to the courts.

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New Delaware Law Allows Mergers to Close Quickly

Date Posted: 11/21/2013

For decades, business planners have been drawn to Delaware to form business entities. While Delaware’s popularity as a jurisdiction for formation is attributable to a number of factors, most business planners would note the quality of the State’s bench and bar, the entrepreneurial nature of the state government and a General Assembly that is committed to annually updating the business statutes to ensure that they remain state-of-the-art. In 2013, like most years, the Delaware General Assembly passed legislation updating and improving Delaware’s business statutes. One particular legislative change, the adoption of new Section 251(h) to the Delaware General Corporation Law, provides business planners with a new (and novel) way to effect certain corporate mergers.

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Dozens of Public Benefit Corporations Registering in Delaware

Date Posted: 11/8/2013

A new law in Delaware allows companies that blend profit-seeking and enhancing societal-good to register as “Public Benefit Corporations” (aka “PBCs”). To date, 53 PBC’s have been formed making Delaware the fastest growing jurisdiction in the nation among the 20 states that have enacted similar legislation.

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