Delaware Supreme Court Rules Private Companies Can Draft ‘Loser Pay’ By Laws

How will it impact merger litigation? How will it apply to publicly traded companies? What does a Delaware Company need to do in order to make sure any ‘fee shifting’ Bylaw amendments will be enforceable?

It all remains to be seen.

To study up, you can read the opinion (PDF) issued by the Delaware Supreme Court, responding to a certified question from Delaware’s federal district court, or check out the much talked about NY Time’s article by Steven M. Davidoff: A Ruling’s Chilling Effect on Corporate Litigation.

• ← Pending legislation to stimulate growth in Delaware’s economy
• Caesar Rodney High School Teens to Compete at Junior Achievement’s National Student Leadership Summit →