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Courts Differ on Enforceability of Unilaterally Adopted Forum Selection Bylaws

2014-09-11 20:15:45| Semiconductors - Topix.net

While forum selection bylaws have become increasingly popular with US public companies, courts in Delaware and Oregon recently came to opposite conclusions on whether such bylaws, when unilaterally adopted by a board of directors concurrently with the approval of a merger transaction, should be enforced. In August, an Oregon court found such a bylaw unenforceable as against public policy.

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