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Paradigm Shift? The Delaware Supreme Court Allows Bylaw That Shifts Attorneys’ Fees to Loser in Fiduciary Duty Litigation

Under the prevailing “American rule,” shareholders and their counsel face little financial risk when they assert claims against directors and officers for breaches of fiduciary duty, typically following the announcement of a...more

Delaware Court of Chancery Holds Forum Selection Bylaw Provisions Are Enforceable

A decision issued yesterday by the Delaware Court of Chancery, Boilermakers Local 154 Retirement Fund v. Chevron Corp., No. 7220-CS (Del. Ch. June 25, 2013), may make it easier for Delaware corporations to minimize the risk...more

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