This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Corporate

Jan. 6, 2011

Oracle Bylaws Can't Forestall Suit

A bylaw passed by Oracle Corp.'s board of directors that requires shareholder derivative suits to be filed in Delaware can't be used to dismiss a pair of derivative lawsuits filed in the Northern District, a federal judge ruled late Monday.


By Rebecca Beyer


Daily Journal Staff Writer


SAN FRANCISCO - A bylaw passed by Oracle Corp.'s board of directors that requires shareholder derivative suits to be filed in Delaware can't be used to dismiss a pair of derivative lawsuits filed in the Northern District, a federal judge ruled late Monday.


No other judge has ruled on the validity of such bylaws, called forum selection clauses. The clauses have become more common in the last y...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up