Perspective
Sep. 26, 2014
Exclusive forum bylaws get support
Public companies have increasingly adopted "exclusive forum" bylaws for shareholders who want to make intra-corporate claims against the company and its directors. By Michael O'Bryan, Kevin Calia, James J. Beha II and Ken Kuwayti
Public companies have increasingly adopted "exclusive forum" bylaws that require stockholders to use only specified courts if they want to make fiduciary duty or other intra-corporate claims against the company and its directors. The bylaws arose in response to the increasing tendency of stockholder plaintiffs to bring such claims in multiple jurisdictions, particularly after the anno...
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