June 22, 2015

Survey Results: Fee-Shifting Bylaws

Here’s survey results from Thomson Reuters about fee-shifting bylaws adopted by Delaware companies since the ATP Tour decision. Two weeks ago, the Delaware House joined the Senate in passing changes to the DGCL that invalidate fee-shifting provisions – and it’s expected that the Delaware Governor will soon sign that into law. But according to the survey results, this amendment may not have as wide a peacemaking effect as anticipated…