Wyche Corporate Connection: October 2014

Compiled by Eric B. Amstutz Delaware corporate bylaws may require that plaintiffs bring intra-corporate litigation in the state of the corporation’s headquarters. In September 2014, the Delaware Chancery Court upheld the validity of a bylaw adopted by a Delaware corporation that required intra-corporate litigation be brought in the state of the corporation’s headquarters (in that…
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Wyche Corporate Connection: July 2014

Prepared by Eric B. Amstutz A corporate by-law requiring reimbursement of attorneys’ fees may be enforceable.  The Delaware Supreme Court recently ruled that a non-stock corporation’s bylaw provision requiring the plaintiff in intra-corporate litigation to pay the successful defendant’s attorneys’ fees was not invalid on its face. The fee-shifting provision was written to apply to…
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Wyche Corporate Connection: April 2014

Prepared by Eric B. Amstutz Mergers and Acquisitions Ways to Craft Purchase Price Adjustments Most M&A agreements for private company acquisitions include purchase price adjustment mechanisms. An article describing these provisions, written by Melinda Davis Lux and published in the February 2014 issue of The Practical Lawyer, can be found here. Corporate Attorney-Client Privilege Passes…
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