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13 Mar 2023, 4:33 am by Peter J. Sluka
., 73 A3d 934 [Del Ch 2013], and ATP Tour, Inc. v Deutscher Tennis Bund, 91 A3d 554 [Del 2014]. [read post]
22 Sep 2019, 3:55 pm by Kevin LaCroix
”  A 2014 Delaware Supreme Court decision in the ATP Tour case (discussed here) also upheld the validity of a bylaw provision shifting fees to an unsuccessful litigant in a shareholder claim. [read post]
19 Dec 2018, 2:21 pm by Kevin LaCroix
”  A 2014 Delaware Supreme Court decision in the ATP Tour case (discussed here) also upheld the validity of a bylaw provision shifting fees to an unsuccessful litigant in a shareholder claim. [read post]
23 Jul 2018, 8:49 am by Michael Viner (Toronto)
One method which proved successful for ATP Tour Inc. was a fee-shifting by-law. [read post]
11 May 2017, 6:23 am
As a first step, the legislature prohibited Delaware stock companies from enacting fee-shifting bylaws in the wake of the Delaware Supreme Court’s ruling in ATP Tour, Inc. v. [read post]
27 Jan 2017, 3:00 am by John Jenkins
Delaware: Chancery Court Invalidates Fee-Shifting Bylaw In response to the Delaware Chancery Court’s 2014 decision in ATP Tour v. [read post]
6 Jan 2017, 7:33 am by Francis Pileggi
  The second was the amendment of Section 109, which, in the wake of the Delaware Supreme Court’s decision in ATP Tour, Inc. v. [read post]
12 Oct 2016, 6:21 am
But that uncertainty was resolved, at least in Delaware, through the case of ATP Tour, Inc. v. [read post]
4 Jan 2016, 4:08 pm by Kevin LaCroix
  The dust-up in Delaware over fee-shifting bylaws got started in May 2014, when the Delaware Supreme Court in the ATP Tours, Inc. v. [read post]
8 Sep 2015, 5:08 pm by Kevin LaCroix
  The dust-up in Delaware over fee-shifting bylaws got started in May 2014, when the Delaware Supreme Court in the ATP Tours, Inc. v. [read post]
3 Aug 2015, 10:47 am by Steve Bainbridge
My article, Fee Shifting: Delaware's Self-Inflicted Wound (June 29, 2015), available at SSRN: http://ssrn.com/abstract=2624750, argues that: In a 2014 opinion (ATP Tour, Inc. v. [read post]
30 Jun 2015, 3:17 pm by Steve Bainbridge
I've just posted a new article to SSRN: Abstract: In a 2014 opinion (ATP Tour, Inc. v. [read post]
25 Jun 2015, 5:12 pm by Kevin LaCroix
This narrow interpretation of Section 109 was stretched to the breaking point by the Delaware Supreme Court’s en banc decision in  ATP Tour, Inc. v. [read post]
14 Jun 2015, 4:56 pm by Kevin LaCroix
  The dust-up in Delaware over fee-shifting bylaws got started in May 2014, when the Delaware Supreme Court in the ATP Tours, Inc. v. [read post]
18 May 2015, 3:00 am by Kevin LaCroix
  As readers will recall, as discussed here, in May 2014, the Delaware Supreme Court in the ATP Tour, Inc. v. [read post]
13 May 2015, 3:17 am by Broc Romanek
In May 2014, the Delaware Supreme Court upheld a bylaw adopted by a private non-stock corporation, ATP Tour Inc., that shifted legal costs onto the loser in shareholder litigation. [read post]