News & Analysis as of

Fee-Shifting Compliance

Akin Gump Strauss Hauer & Feld LLP

Fee-Shifting Provisions and the SEC

As noted in a prior blog, some companies have recently adopted fee-shifting provisions (i.e., language providing that a suing stockholder must pay the corporation’s legal fees and expenses if the stockholder does not obtain a...more

Allen Matkins

Senator Blumenthal Urges SEC To Investigate Fee-Shifting Charter Provisions

Allen Matkins on

Yesterday, Senator Richard Blumenthal wrote a letter to the Securities and Exchange Commission asking that the “Commission protect investors and America’s capital markets from a serious and imminent threat.” According to the...more

Allen Matkins

Why The SEC Should Stay Out Of The Fee-Shifting Charter Debate

Allen Matkins on

In a recent post, Columbia Law School Professor John C. Coffee Jr. argues that the Securities and Exchange Commission should take a number of steps to challenge and discourage the adoption of fee-shifting charter provisions. ...more

Cooley LLP

Blog: Will The SEC Intercede In The Battle Over Fee-Shifting Bylaws?

Cooley LLP on

“The first trickle through a leak in the dam” that eventually causes the dam to collapse is how Professor John Coffee characterized the adoption of fee-shifting bylaw or charter provisions by 24 companies since May of this...more

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