In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice noting a new trend in which the government is relying on theories of loss of potential competition or narrow product market definitions. Our class action team provides a commentary on a new wave of class action litigation relating to discount and continuous sales, our securities litigation group addresses new changes in Delaware law relating to fee-shifting and forum selection, and an important recent D.C. Circuit case is discussed which addresses the attorney client privilege in the context of an investigation. As always, we hope that you will find this issue of our newsletter to be helpful and informative. Our national business litigation team handles every variety of commercial dispute in virtually every jurisdiction in the country. We are committed to being the most trusted, value-added, and service driven choice of counsel for our clients.
Delaware Legislature Just Says "No" To Fee-Shifting, "Yes" To (Delaware) Forum-Selection Bylaws For "Internal Corporate Claims" -
The Delaware Legislature recently enacted amendments to Delaware's General Corporation Law (the "DGCL") that resolve spirited debates between the bench and bar over the enforceability of fee-shifting bylaws and forum selection bylaws. The legislation, which took effect August 1, 2015, prohibits companies incorporated in Delaware from adopting "loser pays" fee-shifting bylaws applicable to "internal corporate claims" but permits bylaws selecting Delaware (but not another state) as the exclusive forum for litigation of such claims.
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