Crafting Fee-Shifting Policy
Forthcoming in Transactions: The Tennessee Journal of Business Law
23 Pages Posted: 14 Apr 2019
Date Written: March 18, 2019
The controversy over emerging fee-shifting corporate bylaw and charter provisions presents multiple policy choices. Delaware’s decision to ban the provisions offers an opportunity for: (i) states to offer a meaningful alternative to Delaware; and (ii) the generation of useful information for evaluating whether particular bylaws or charter provisions enhance shareholder wealth.
Keywords: corporate law, fee-shifting, derivative litigation, Incorporated litigation, corporate governance, corp gov, corporate law
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