The Future of Exclusive Forum Bylaws
November 1, 2013
As we have previously noted, exclusive forum bylaws potentially offer protection from the risks of multi-jurisdictional litigation. Recent developments include the withdrawal of an appeal from a Delaware Court of Chancery decision that found such bylaws facially valid and additional feedback from proxy advisory firms. This alert provides an overview of questions that remain unresolved and provides guidance to companies and stockholders considering exclusive forum bylaws.