Delaware Business Litigation Report

Delaware Prepares To Eliminate Fee-Shifting Bylaws And Charters

The Delaware State Bar Association is submitting new legislation that will prohibit the use of fee-shifting bylaws or corporate charters for litigation involving "intracorporate" disputes.  A copy of the proposed bill with commentary is available here.  The result would be to limit the Delaware Supreme Court's decision in ATP Tour Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) to its facts involving non-stock corporations.

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