Case: Individual Employment Rights/Contracts (Del.)

The Delaware Court of Chancery granted a former CEO and controlling stockholder’s motion to dismiss breach of fiduciary duty and corporate waste claims brought by Masimo Corporation related to his employment agreement, ruling that the forum selection clause in the agreement required litigation to proceed in California, as Delaware General Corporation Law § 122(18) permits stockholder agreements to route internal affairs claims to non-Delaware forums when the agreement was entered into at least partly in the stockholder’s capacity as such.

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