Oracle Derivative Suits Survive Venue Fight

Law360, New York (January 4, 2011, 4:27 PM EST) -- A federal judge has nixed Oracle Corp.'s bid to toss two derivative suits alleging it overcharged the U.S. government, finding directors may not control the venue for shareholder actions against them with bylaws requiring cases be filed in a particular forum.

Ruling on a question of first impression, Judge Richard Seeborg of the U.S. District Court for the Northern District of California denied Oracle’s motions to dismiss the suits because its bylaws specify the Delaware Chancery Court as the sole proper venue for derivative actions....
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