Topic
Fee-Shifting
101 published works
Delaware Corporate & Commercial Litigation Blog
New Law Signed to Limit Fee-Shifting and Enforce Delaware Forum Selection
The Delaware Governor today signed legislation discussed on these pages previously, that: (i) limits the ability to provide, in bylaws or a corporate charter, for the imposition of fee-shifting on plaintiffs who sue…
Delaware Corporate & Commercial Litigation Blog
Supreme Court Rejects Malicious Prosecution/Fee-Shifting Claim
Blue Hen Mechanical, Inc. v. Christian Brothers Risk Pooling Trust, Del. Supr., No. 589, 2014 (Del. June 15, 2015). This Delaware Supreme Court opinion has practical application for corporate litigators…
The D&O Diary
Delaware Legislature Passes Fee-Shifting Bylaw Prohibition — What Questions Remain?
In a late night session on June 11, 2015, the Delaware House of Representatives overwhelmingly passed S.B. 75, which prohibits Delaware stock corporations from adopting “loser pays” fee-shifting bylaws and…
Corporate Defense and Disputes
Delaware Senate Passes Bill Prohibiting Bylaws on Fee Shifting
By Jonathan Richman, Rachel Wolkinson, Stacey P. Eilbaum, Tanya Dmitronow
Yesterday, the Delaware Senate passed legislation prohibiting publicly-traded corporations from adopting bylaws that force shareholders to pay legal fees if they bring internal corporate claims against the company in court…
Corporate Defense and Disputes
Delaware Legislature to Consider New Fee-Shifting Legislation
By Jonathan Richman, Rachel Wolkinson, Stacey P. Eilbaum, Tanya Dmitronow
On April 29, 2015, Senator Bryan Townsend introduced legislation that would amend the Delaware General Corporation Law (DGCL) to ban fee-shifting bylaws for Delaware stock corporations (non-stock corporations would continue…
Corporate & Financial Weekly Digest
Update: Proposed Amendments to DGCL, Including Ban on Fee-Shifting and Permitting Exclusive Forum Provisions
By Mark J. Reyes, Mark D. Wood
The Corporation Law Section of the Delaware State Bar Association has approved, in substantially the form proposed by the Delaware Corporate Council, amendments to the General Corporation Law of the…
Cleary M&A and Corporate Governance Watch
Highlights from the 2015 Tulane Corporate Law Institute: Fee-Shifting Bylaws
By Christopher E. Austin, Aaron J. Meyers
The 27th Annual Tulane Corporate Law Institute was held on March 19 and 20 in New Orleans. As in prior years, panelists included preeminent M&A, financing and securities practitioners and…
The D&O Diary
A Q&A with Mark Lebovitch of Bernstein Litowitz: A Plaintiffs’ Counsel’s Perspective on the Fee-Shifting Bylaw Debate
One of the more significant recent developments in the corporate and securities litigation arena has been the emergence of the debate over fee-shifting bylaws following the Delaware Supreme Court’s May…
M & A Law Prof Blog
Fee shifting trenches
By CorporateAcquisitions MergerLawBlogger
Ted Mirvis and Bill Savitt of Wachtell Lipton have weighed in on Delaware's anti-fee shifting legislation. Basically, they argue that this is the kind of thing that doesn't require legislation…
Corporate & Financial Weekly Digest
Delaware Proposal Banning Fee-Shifting and Permitting Exclusive Forum Provisions
Following the unexpected May 2014 decision of the Delaware Supreme Court in ATP Tour Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), upholding the validity of fee-shifting bylaws…