New corporate legislation passed in Delaware and signed into law by Governor Jack Markell on June 24 helps businesses combat the scourge of multi-forum litigation by endorsing the ability of Delaware corporations to designate the courts of Delaware as an exclusive forum for litigation of intra-corporate disputes. This legislation offers Delaware businesses clarity about where certain types of lawsuits must be brought and defended, and helps them manage their litigation risk. The legislation also includes an amendment that would prevent stock corporations from passing bylaws that would shift attorney fees onto shareholder plaintiffs who unsuccessfully sue over the actions of directors or officers.
http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+75/$file/legis.html?open