Litigation Fee-Shifting Bylaws Facially Valid in Delaware

In his Corporate Litigation column, Joseph M. McLaughlin writes: Last month, the Delaware Supreme Court ruled that a board-approved provision in a non-stock corporation's bylaws shifting legal expenses in intra-corporate litigation to unsuccessful claimants can be valid in Delaware. Although 'ATP Tour v. Deutscher Tennis Bund' pertained to a non-stock corporation, the decision has provoked an outpouring of debate because its reasoning applies equally to stock corporations.

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