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In Potential Test Case of Fee-Shifting Bylaws, Delaware Court Trifurcates Issues, Discovery

December 5, 2014

Bloomberg's Corporate Law & Accountability Report
By Michael Greene

Chancellor Andre G. Bouchard has decided to further limit the issues that can be decided first in an ongoing Delaware Chancery Court lawsuit challenging the applicability of a fee-shifting bylaw (Strougo v. Hollander, Del. Ch., C.A. No. 9770-CB, 11/25/2014).

During a Nov. 25 teleconference, he agreed with the plaintiff’s proposal to further limit briefing and discovery in this case to focus first on the more-nuanced arguments regarding the timing of the company’s adoption of the bylaw.

Partner Sidney S. Liebesman comments. For full article visit bna.com.