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Fee-Shifting

101 published works

  1. 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…

  2. Corporate & Financial Weekly Digest

    Delaware Legislation Banning Fee-Shifting in Bylaws and Charters

    By Claudia H. Allen

    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,…

  3. 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…

  4. The D&O Diary

    Delaware Legislative Revision Proposed to Restrict Fee-Shifting Bylaws

    By Kevin LaCroix

    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…

  5. Corporate & Financial Weekly Digest

    Delaware Supreme Court Upholds Fee-Shifting Bylaw

    By Claudia H. Allen

    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…

  6. The D&O Diary

    Delaware Supreme Court Upholds Fee-Shifting Bylaw Validity

    By Kevin LaCroix

    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…

  7. Delaware Corporate & Commercial Litigation Blog

    Supreme Court Upholds Fee-Shifting Provision in Bylaws

    By Francis Pileggi

    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…

  8. Patents Post-Grant

    Octane Fitness To Spur Senate Patent Reform Bill?

    By Scott McKeown

    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…

  9. 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…

  10. Notice of Appeal

    “Additional Relief” in Industrial Insurance Act Fee-Shifting Provision Clarified

    By J. Will Eidson

    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…