The U.S. Court of Appeals for the Third Circuit Strikes Down Delaware's Confidential Arbitration Program

11.01.2013
Article

John P. DiTomo, Morris Nichols Corporate and Business Litigation Group member, authored “The U.S. Court of Appeals for the Third Circuit Strikes Down Delaware’s Confidential Arbitration Program,” published in the November 2013 State Corner section of Insights: The Corporate & Securities Law Advisor (Vol. 27, No. 11).

On October 23, 2013, a three-judge panel of the U.S. Court of Appeals for the Third Circuit - issuing three opinions, a majority, concurrence, and dissent - affirmed a District Court ruling enjoining the Delaware Court of Chancery’s arbitration program.  The article provides analysis and comment on the Court's opinions.

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Published by Wolters Kluwer, Insights: The Corporate & Securities Law Advisor is a monthly newsletter that provides information and critical analysis about the latest developments in corporate and securities law on the state, national and international levels interpreted by the nation's most respected corporate lawyers in firms, corporations, government, and academia.

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