Topic
Fee-Shifting
101 published works
The Trademark Blog
5th Circuit Extends Octane Fitness Fee Rule to Trademarks
Noting the similarity between the language of Section 285 of the Patent Act, the Fifth Circuit extends Octane Fitness to cover Section 1117(a) of the Lanham Act as to what…
Delaware Chancery Law Blog
Fee-Shifting Ban May Put Delaware’s Corporation-Friendly Status in Question
Delaware, a state often considered an incorporation “mecca” with its favorable tax laws, preeminent business court and unified body of corporate law, has recently enacted a controversial statute that may…
Valuation Litigation & Shareholder Rights Blog
Mining for Gold in the Silver State: Nevada Appraisal Rights
By Steve Hecht, Brandon M. Fierro
When the Delaware legislature recently struck down fee-shifting bylaws -- those internal corporate laws that force losing plaintiffs to pay the company’s legal fees -- it prompted a slew of…
The D&O Diary
What to Watch Now in the World of D&O
Every year just after Labor Day, I take a step back and survey the most important current trends and developments in the world of Directors’ and Officers’ liability and D&O…
Florida Probate & Trust Litigation Blog
2015 Florida trust and estate legislative roundup
This was another busy year on the legislative front. Most of the changes to our Probate and Trust Codes were rolled into House Bill 343, which I report on below. In this…
Corporate Defense and Disputes
Delaware Governor Signs Bill Prohibiting Bylaws on Fee-Shifting
By Jonathan Richman, Rachel Wolkinson
Last week, Delaware Governor Jack Markell signed Senate Bill 75, which amends the Delaware General Corporation Law to prohibit Delaware stock corporations from adopting bylaws that force shareholders to pay…
The Venture Alley
Delaware Permits Exclusive Forum Provisions, Bars Fee-Shifting Provisions
Exclusive Forum Provisions We have previously blogged about Delaware corporations considering, and Delaware courts upholding, “exclusive forum” provisions in their charter documents. These provisions require stockholder derivative and other intra-corporate…
Delaware Corporate & Commercial Litigation Blog
Delaware Insiders Give Insights on Delaware’s New Fee-Shifting Legislation
An insider's view of the recent Delaware legislation banning fee-shifting bylaws is provided by Professor Lawrence Hamermesh and Norman Monhait as published in this post from the Institute of Delaware Corporate and…
Corporate & Financial Weekly Digest
Delaware Amends Its Corporate Law to Prohibit Fee-Shifting, Approve Exclusive Forum Provisions and Facilitate At-The-Market Offerings
On June 24, Delaware’s Governor signed legislation approving amendments to the Delaware General Corporation Law (DGCL). While annual amendments to the DGCL typically involve technical fixes, this year’s legislation addresses…
The D&O Diary
Guest Post: Does Delaware Legislation Cover Fee Shifting in Securities Cases?
As I noted in a recent post (here), on June 11, 2015, the Delaware legislature passed legislation prohibiting fee-shifting bylaws for Delaware stock corporations. On June 24, 2015, Delaware’s governor…