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One of the first questions we receive from founders who are ready to legally form a company is where they should incorporate. The conventional wisdom is that for most companies intending to obtain outside financing, Delaware...more
On June 27, the U.S. Supreme Court upheld a Pennsylvania law that requires companies to consent to being sued in its state courts as a condition of registering to do business there. In Mallory v. Norfolk Southern, the Court...more
A new decision by the United States Supreme Court has greatly expanded the locations where corporations can be sued. Traditionally, corporations are considered to be citizens of the states in which they are incorporated or...more
Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or...more
Last November, I questioned whether the Supreme Court's decision in Mallory v. Norfolk Southern Railway Co. would endanger Delaware's corporate hegemony. The issue in that case was the constitutionality of Pennsylvania's...more
The two most thrilling words to readers of legal blogs must be “personal jurisdiction.” In the term that starts October 2022, the United States Supreme Court will consider a case that will determine the constitutionality of...more
In a decision that should have a ripple effect in Pennsylvania state and federal courts, the U.S. District Court for the Eastern District of Pennsylvania held in a June 6, 2019, opinion that “the Pennsylvania statutory scheme...more