The Delaware Court of Chancery, in Highway to Health, Inc. v. Peter J. Bohn, et al., C.A. No. 2018-0707-AGB, memo. op. (Del. Ch. Apr. 15, 2020), found that it lacked personal jurisdiction over non-resident holders of a DE corporation’s stock appreciation rights, finding insufficient contacts under the long-arm statute and ruling that a forum clause was not applicable to the holders as third-party beneficiaries.

Francis Pileggi discusses the decision in Requirement Not Met to Bind Non-Signatories to Forum Selection Clause.