Professor Stephen Bainbridge recently expressed the hope that Caremark liability will not become routine. "Caremark" refers to Chancellor Allen's decision in In re Caremark Int'l. Deriv. Litig., 698 A.2d 959 (1996) in which he found that...
Still No California Caremark?
Posted on January 28, 2021
Enforceability Of Exclusive Forum Bylaw May Hinge On The Meaning Of "May"
Posted on May 22, 2017
No California appellate court has yet addressed the validity of forum selection bylaws in a published decision. When the question comes before a California appellate court, the outcome may turn on the meaning of "may" in California Corporations...
