Securities,
Civil Litigation
Sep. 15, 2020
California court enforces federal forum charter provision
A California superior court recently held that a provision in a Delaware corporation’s articles of incorporation requiring stockholders to bring claims under the Securities Act of 1933 exclusively in federal court was enforceable under California law.




Peter B. Morrison
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
300 S Grand Ave
Los Angeles , CA 90071
Phone: (213) 687-5304
Email: peter.morrison@skadden.com
New York Univ SOL; New York NY

Virginia F. Milstead
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Phone: (213) 687-5000
Email: virginia.milstead@skadden.com
Virginia has a broad commercial litigation practice, including the representation of foreign-domiciled clients, with a particular emphasis on securities and merger litigation.

A California superior court recently held that a provision in a Delaware corporation's articles of incorporation requiring stockholders to bring claims under the Securities Act of 1933 exclusively in federal court was enforceable under California law. See Wong v. Restoration Robotics, Inc., 18CIV02609 (San Mateo Cty. Super. Ct., Sept. 1, 2020). The decision, the first of its kind in California, potentially opens the door for securities issu...
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