In their Corporate Governance column, David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write that exclusive forum provisions in corporate charters and bylaws address the problem of duplicative shareholder litigation, which has been on the rise in recent years. In light of a recent decision, boards of Delaware companies should consider adopting such provisions without waiting for the outcome of any appeal to the Delaware Supreme Court.
Implementing Exclusive Forum Bylaws
New York Law Journal
July 25, 2013