Topic
Fee-Shifting
101 published works
M & A Law Prof Blog
Controversy faces the fee shifting fix
By CorporateAcquisitions MergerLawBlogger
Well, this is unusual. In reponse to ATP - the Delaware Supreme Court opinion that ruled that fee-shifting bylaws are facially valid in Delaware - there was a rare moment…
Corporate & Financial Weekly Digest
Delaware Legislation Banning Fee-Shifting in Bylaws and Charters
In a swift response to the Delaware Supreme Court’s May 8 opinion holding that fee-shifting bylaws are facially valid (ATP Tour v. Deutscher Tennis Bund), members of the Delaware bar,…
M & A Law Prof Blog
ATP, fee shifting, and transactional litigation
By CorporateAcquisitions MergerLawBlogger
The ubiquity of transaction-related litigation is, I think, a real problem. By now, 94%+ of announced mergers end up with some litigation. I think that most reasonable people can…
The D&O Diary
Delaware Legislative Revision Proposed to Restrict Fee-Shifting Bylaws
As discussed in a recent post (here), in a May 8, 2014 decision the Delaware Supreme Court upheld the facially validity of a nonstock corporation’s bylaw provision shifting attorneys’ fees…
Corporate & Financial Weekly Digest
Delaware Supreme Court Upholds Fee-Shifting Bylaw
On May 8, in ATP Tour v. Deutscher Tennis Bund, the Delaware Supreme Court held that a board-adopted bylaw shifting attorneys’ fees and costs in intra-corporate litigation to unsuccessful plaintiffs…
The D&O Diary
Delaware Supreme Court Upholds Fee-Shifting Bylaw Validity
In a development with significant implications for the economics of shareholder litigation, the Delaware Supremee Court has upheld the validity of a corporate bylaw provision shifting fees to an unsuccessful…
Delaware Corporate & Commercial Litigation Blog
Supreme Court Upholds Fee-Shifting Provision in Bylaws
ATP Tour, Inc. v. Deutscher Tennis Bund, Del. Supr., No. 534, 2013 (May 8, 2014). Momentous Issue Addressed: The Delaware Supreme Court decided certified questions of law from the District…
Patents Post-Grant
Octane Fitness To Spur Senate Patent Reform Bill?
Judiciary Simplifies Patent Reform Debate.....AgainAlthough promised on Monday, the world still awaits the highly anticipated Senate patent reform bill. As pointed out previously, a major sticking point is the "fee…
Civil Procedure & Federal Courts Blog
Eisenberg, Fisher, and Rosen-Zvi on Loser-Pays Norm in Israeli Courts
By Civil Procedure & Federal Courts Blog
Theodore Eisenberg, Talia Fisher,and Issachar Rosen-Zvi have posted on SSRN their paper, When Courts Determine Fees in a System with aLoser Pays Norm: Fee Award Denials to Winning Plaintiffs and…
Notice of Appeal
“Additional Relief” in Industrial Insurance Act Fee-Shifting Provision Clarified
In Sacred Heart Medical Center v. Knapp (pdf), the Court of Appeals concluded that a remand for further consideration of whether a claimant is in need of vocational services does not…