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Delaware or California: Venue, Forum Shopping and Parallel Proceedings in Fiduciary and M&A Litigation


February 29, 2008 12:30pm - 2:30pm


MCLE Credits available.

One of the most significant litigation issues facing California-based, Delaware corporations is the question of forum: will fiduciary and M&A litigation be heard in the courts of California or Delaware (or both)? Plaintiffs' selection of forum will often impact the course of the litigation and/or settlement, and the increasing trend of parallel litigations (including in the federal courts) places a significant drain on both client and judicial resources. What are the respective interests of the Delaware and California courts in hearing these cases? When is a litigation better suited to be heard in one forum as opposed to other? Is there ever any justification for parallel proceedings? What are the risks of separate adjudications? What can be done to improve judicial efficiency in these matters? Should the Delaware and California courts coordinate? Please join us for a panel discussion of these important issues, and hear the perspectives of members of both the Delaware and California judiciary.

Our panelists will include:

  • Jordan Eth, Partner, Morrison Foerster
  • Justice Jack Jacobs, Delaware Supreme Court
  • Judge Jack Komar, Superior Court of California (Santa Clara County)
  • Jeff Westerman, Partner, Milberg Weiss
  • Moderator: Rachelle Silverberg, Partner, Wachtell Lipton Rosen & Katz, Lecturer in Law and Scholar From Practice at the Rock Center for Corporate Governance at Stanford University

A buffet lunch will be served beginning at 12:00 pm.

Registration required at