Clients with major transactions routinely face shareholder and other litigation seeking to block or enforce a deal. As experienced and business-savvy litigators, we are able to fend off many such cases, often breaking new legal ground in the process.
Richard Rosen and Stephen Lamb Quoted in Bloomberg BNA on Exclusive Forum Clauses
June 12, 2015
Litigation partner Richard Rosen and litigation and corporate partner Stephen Lamb were quoted in a Bloomberg BNA article titled "Exclusive Forum Clauses Offer Few Issues, Lots of Upside in Protecting Deals: Experts." The article, published June 12, discusses how corporations are increasingly using exclusive forum selection bylaws to manage multijurisdictional litigation that arises from M&A deals. "The presence of the bylaw should protect the corporation from the burden and expense of duplicative, multijurisdictional litigation in the clear majority of cases," said Lamb.
Rosen said that forum selection clauses designating Delaware Chancery court may be especially beneficial to companies incorporated in that state because the Delaware courts are "more likely to be able to separate out meritorious from bogus cases at an early stage," and that "the court has exhibited a healthy skepticism in reviewing fee applications from plaintiffs' counsel when the case settles, as so many of them do, in exchange for incremental disclosures."