The Implications of Oregon’s TriQuint Decision for Enforcing Forum Selection Bylaws
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Date
2016-01-27
Authors
Vincent, Eleanor J.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The significant increase in multi-forum litigation of intra-corporate disputes over the last decade has imposed considerable monetary costs on stockholders and raised uncertainty in outcomes. Forum selection bylaws, unilaterally adopted by corporate boards of directors and generally restricting the forum for intra-corporate lawsuits to the state of incorporation, have emerged as a popular solution to this costly problem. In 2013 and early 2014, courts both inside and outside of Delaware rendered favorable decisions for corporations on these bylaws, signaling general acceptance of their validity and enforceability. However, an Oregon court’s contrary decision has thrown this general acceptance into question.
Description
32 pages
Keywords
Corporate law
Citation
94 OR. L. REV. 223