Corporate
Jul. 26, 2014
VIDEO: Fee-shifting bylaws — here today, gone tomorrow?
Fee-shifting bylaws, we hardly knew you. Last month saw a number of developments when it comes to fee-shifting bylaws. By Steven Schatz
Fee-shifting bylaws, we hardly knew you. Within a two-week period last month: (1) The Delaware Supreme Court issued an opinion upholding the facial validity of a bylaw that would hold a member of a corporation liable for paying the expenses of the corporation if the member litigated and lost against the corporation; (2) lawyers across the country considered whether their own corporate clients should adopt some version of a fee-shifting bylaw; (3)...
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