In September 2025, the SEC issued a policy statement that opens the door to provisions in companies’ governing documents mandating arbitration of securities claims. Last month, Marsh’s Philip Reed and I discussed the challenges, pros and cons, and winners and losers of this development. The two videos of our discussion are in these LinkedIn posts:
1933 Act Defense Strategy
Is Blue Apron a Silver Bullet?
In Salzberg, et al. v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020) (“Blue Apron”), the Delaware Supreme Court upheld the facial validity of federal-forum provisions (FFPs) in a Delaware corporation’s certificate of incorporation requiring actions arising under the Securities Act of 1933 to be filed exclusively in federal court. Here is Kevin LaCroix’s…