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Delaware fee-shifting bylaws update

USA - October 8 2014 As previously discussed here, the Delaware legislature postponed, until it reconvenes in 2015, its consideration of legislation aimed at limiting…

Delaware may level playing field with regard to fee-shifting bylaws

USA - May 28 2014 As discussed here, a recent decision of the Delaware Supreme Court could be a game changer in the world of stockholder litigation. In ATP Tour, Inc…

Fee-shifting provisions and the SEC

USA - November 12 2014 As noted in a prior blog here, some companies have recently adopted fee-shifting provisions (i.e., language providing that a suing stockholder must…

Fee-shifting bylaws: state of play

USA - March 18 2015 The fate of "loser plays" fee-shifting bylaw/charter provisions has yet to be finally determined. As previously mentioned in a blog here…

Delaware fee-shifting prohibition reaching match point

USA - June 12 2015 As previously discussed here, the Delaware Senate had already approved legislation that would prohibit corporations from adopting charter or bylaw…