Topic
Fee-Shifting
101 published works
Delaware Corporate & Commercial Litigation Blog
Chancery Hears Fee-Shifting Bylaws Argument
After the Delaware Supreme Court decision in ATP Tour, Inc. v. Deutscher Tennis Bund, Del. Supr., No. 534, 2013 (May 8, 2014), highlighted on these pages, in which the court upheld fee-shifting…
The D&O Diary
Though Delaware Legislature Has Tabled Action, Upcoming Judicial Review of Fee-Shifting Bylaws Seems Likely
The Delaware Supreme Court stirred up quite a bit of controversy earlier this year in the ATP Tours, Inc. v. Deutscher Tennis Bund case when it upheld the facial validity…
The D&O Diary
Guest Post: Bylaws and Arbitration
For many years, business groups and corporate representatives have tried to reform shareholder litigation through legislation and case law development, with mixed success. However, in more recent years an interesting…
WinTech
Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense
By Winstead
Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” [1] For the past nine years, that statute has not often been applied…
Corporate and Securities Law
Examples of Fee Shifting By-Laws
M & A Law Prof Blog
Fee shifting bylaws adopted
By CorporateAcquisitions MergerLawBlogger
So, now that the Chamber of Commerce has put the kibbosh on the quick fix to prohibit fee shifting bylaws following ATP, no surprise...the first of what might well be…
CALIFORNIA ATTORNEY'S FEES
Probate/Special Fee Shifting Statute: $4,812 Venue Denial Order Properly Assessed Against Attorney In Probate Case
Bad Faith Not Required, But Found and Sustained On Appeal. The interesting thing about this blog is that we, the co-contributors, learn something each day. Here is what we learned…
Corporate & Financial Weekly Digest
Delaware Fee-Shifting Legislation Delayed
By Mark D. Wood, Mark J. Reyes
In the face of opposition from business organizations, the Delaware legislature has deferred consideration, likely until the beginning of 2015, of proposed legislation (discussed in the Corporate and Financial Weekly…
The Securities Edge
Fee-shifting bylaw proposal moved to the back burner pending further investigation
[caption id="attachment_1317" align="alignright" width="300"] Photo by Sharon Drummond[/caption] In a case of first impression, the Delaware Supreme Court held that provisions contained in a nonstock corporation’s bylaws, requiring a plaintiff…
M & A Law Prof Blog
Delaware drops fee-shifting bar
By CorporateAcquisitions MergerLawBlogger
A couple of weeks ago, it looked the stars were aligning in a once in a generation way that would have the plaintiffs and defendants bar stand behind an unusual…