In prior posts , I have noted the growing phenomenon of companies adopting various types of bylaws as a self-help version of litigation reform. Delaware’s courts have already approved the facially validity of both forum-selection bylaws and of fee...
Sometimes state legislatures react slowly to judge-made
law and sometimes they move swiftly to correct perceived problems created by
court rulings. Often, such rash legislative action is not well thought-out or
properly drafted, making the solution worse...