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Stock impact report

The Gap gets big boost from ex-Delaware judges in forum selection appeal [Reuters]

Gap, Inc. (The) (GPS) 
Last gap, inc. (the) earnings: 3/12 04:15 pm Check Earnings Report
Company Research Source: Reuters
(Reuters) - Nine former high-ranking Delaware state court judges delivered a huge gift on Monday to The Gap Inc and other companies that have adopted forum selection clauses requiring shareholders to litigate derivative suits in Delaware Chancery Court. The former judges, who hail from both the Delaware Supreme Court and Chancery Court, said in a terse letter brief to the en banc 9th U.S. Circuit Court of Appeals that when shareholders claim under the Securities and Exchange Act that their votes have been tainted by allegedly deceptive proxy disclosures, those claims belong directly to shareholders, not derivatively to the corporation. That conclusion, as I'll explain, should help Gap counter shareholders' arguments that its forum selection clause can't be reconciled with the Exchange Act because it forces shareholders to cede substantive rights. But perhaps even more importantly, the retired Delaware judges – including former Supreme Court chief justice Leo Strine and former c Show less Read more
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