Topic
Fee-Shifting
101 published works
Corporate and Securities Law
SEC Chair White Warns on Fee Shifting Bylaws
Delaware Corporate & Commercial Litigation Blog
Chancery Court Declines to Apply Fee-Shifting Bylaw Based on Timing of its Adoption
Today the Delaware Court of Chancery issued an opinion in Strougo v. Hollander, C.A. No. 9770-CB (Del. Ch. Mar. 16, 2015), on an issue of first impression. The Court did…
M & A Law Prof Blog
Delaware Amendments, Forum Selection and Fee Shifting
By CorporateAcquisitions MergerLawBlogger
The Delaware General Assembly is considering its annual amendments to the corporate law. This time, the proposed amendments (2015 Amendment text here) are doing more than just some ministerial changes/fixes…
The D&O Diary
Battle Builds in Delaware Over Fee-Shifting Bylaws
Earlier this year, after the Delaware Supreme Court upheld the facial validity of fee-shifting bylaws in the case of ATP Tour, Inc. v. Deutscher Tennis Bund (as discussed here), a…
The Securities Edge
From the same wonderful folks who brought you conflict minerals (among other things)
Connecticut Senator Richard Blumenthal has written to SEC Chair White urging that the SEC label so-called “fee-shifting” bylaws major risk factors and require companies to disclose them before any initial…
M & A Law Prof Blog
More on ATP and fee-shifting
By CorporateAcquisitions MergerLawBlogger
Stephen Bainbridge weighs in on fee-shifting bylaws and makes the argument that they are necessary to resolve the litigation crisis:There is a serious litigation crisis in American corporate law. As…
Delaware Corporate & Commercial Litigation Blog
Professor Bainbridge on Fee-Shifting Bylaws
Professor Stephen Bainbridge's corporate law scholarship is often cited by Delaware's Supreme Court and Court of Chancery in their corporate law opinions. The good professor is a friend of this blog and…
The D&O Diary
Two Legal Surveys: Foreign Disputes in U.S. Courts and Fee-Shifting Bylaws
An ever-present anxiety for globally-active non-U.S. companies is the possibility that they might find themselves having to deal with litigation in U.S. courts. This concern is warranted because certain attributes…
The D&O Diary
IPO Companies and Fee-Shifting Bylaws
One of the more interesting recent developments in the D&O liability arena has been the emergence of issues surrounding fee-shifting bylaws. As readers will recall, in May 2014, the Delaware…
Delaware Corporate & Commercial Litigation Blog
Update on Fee-Shifting Bylaw Issue in Pending Chancery Case
Recent activity in the Delaware Court of Chancery has followed the Delaware Supreme Court’s May 2014 decision in ATP Tour, Inc v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), highlighted…