Fee shifting bylaws are now a part of Delaware history
Even Blue Pepsi was around longer; this week, Delaware Senate passed legislation that would bar companies from forcing the losers of shareholder lawsuits to cover both parties’ legal fees. Critics of the bill, including the U.S. Chamber Institute for Legal Reform, claim it will take away an important tool for combating abusive lawsuits against businesses and damage Delaware’s highly-regarded legal climate.
So is this a big win in protecting the shareholders of Delaware Companies, or the erosion of the Delaware Advantage for business entities?