デラウェア州最高裁判所のRidgely裁判官による講演です。
Since the Court’s decision in ATP Tour, a number of commentators have assumed that it applies equally to for-profit, stock corporations.76 The Delaware Supreme Court did not say that in ATP Tour, so this remains an open question. …
Several companies have adopted one-way fee-shifting bylaws in the wake of ATP Tour despite the current uncertainty surrounding their validity. …
Another category of bylaw generating discussion, but not yet litigation in Delaware, is a mandatory arbitration bylaw covering intra-corporate disputes that waives a shareholder’s right to a class action. Some commentators have concluded that a board has the unilateral power to do this after the Boilermakers decision. However, in Boilermakers, then-Chancellor Strine expressly noted that the bylaw at issue did not regulate whether the stockholder may file suit.