April 2, 2014
The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts held that the program was unconstitutional because that confidentiality, one of the program's defining advantages, violated the First Amendment's requirement for open public access to the courts. The Supreme Court's decision is a potential blow to Delaware's reputation as a friendly destination for corporate legal matters, and confirms the need for businesses to seek legal counsel to ensure they get access to arbitration that fits their needs.

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