Clear all

Refine your search

2 results found

Commentary
Ask Lexy

Ropes & Gray LLP | USA | 23 Mar 2016

Oregon Supreme Court enforces Delaware exclusive forum selection bylaw

In 2014 an Oregon trial court refused to enforce a Delaware exclusive forum selection bylaw that would have barred an Oregon litigation challenging a merger. The Oregon Supreme Court has now reversed that trial court ruling, holding that the exclusive forum selection bylaw was valid and enforceable, and compelled stockholders challenging the transaction to pursue their claims in Delaware.
Commentary
Ask Lexy

Ropes & Gray LLP | USA | 7 Jan 2015

Oregon court refuses to enforce Delaware exclusive forum selection bylaw

A recent Oregon decision demonstrates the risk that non-Delaware jurisdictions may decline to enforce a Delaware forum selection bylaw, in particular where that bylaw was adopted after the stockholder plaintiff filed suit or under other circumstances that may be viewed by a court (rightly or wrongly) as an attempt to 'insulate' a board from litigation related to a transaction.
Previous page 1 Next page