New Delaware Case Sounds Alarm On Federal-Forum Bylaws

Law360, New York (January 16, 2018, 12:39 PM EST) -- For a time a few years ago, litigation management bylaws were all the rage. Driven by concerns about multiforum merger-related litigation, commentators proposed company adoption of forum selection bylaws for internal corporate disputes. The debate widened when reformers suggested that companies adopt fee-shifting bylaws. The debate subsided in 2015 when the Delaware Legislature adopted legislation authorizing the adopting of bylaws designating Delaware’s courts as the preferred forum for disputes under Delaware, but prohibiting fee-shifting bylaws.

The topic of litigation management bylaws resurfaced in recent months in...
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