Can Delaware Companies Immunize Themselves from Lawsuits by Shareholders?
The litigation industry battles continue on litigation forums and attorneys’ fees shifting for suits by shareholders against the company. A May 19, 2014 post on the D&O Diary updates on recent rulings that enforce (or say they would enforce) bylaw terms requiring arbitration instead of litigation. It will be interesting to watch and see if corporate lawyers and decision-makers prefer the Delaware law certainty and speed over moving to new overseas addresses to reduce taxes. One suspects the answer will vary depending on the nature of the business.