Shareholder Consent Is The Key To Forum Selection [Law360]

Almost a year ago, the Delaware Court of Chancery opined in dictum that if a company’s board and shareholders thought derivative actions would best be litigated in a particular forum, the company would be ''free'' to adopt an appropriate venue provision in its charter. See In re Revlon Inc. Shareholders Litig., 990 A.2d 940, 960 & n.8 (Del. Ch. 2010).

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