The Delaware Court of Chancery, in Joseph Stanco v. Rallye Motors Holding, LLC, C.A. No. 2019-0751-SG, memo. op. (Del. Ch. Dec. 23, 2019), found that an LLC member did not waive his right to bring a statutory books and records action in Delaware under an LLC Agreement providing that “all disputes relating to this Agreement shall be venued in [New York courts].”

Morris James discusses the decision in Chancery Rejects Challenge to Delaware as Proper Venue in Books and Records Action.