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Corporate & Securities Law

: BusinessAssociationsBlog.com

CA v AFSCME: DGCL § 109 versus § 141

By Stephen Bainbridge

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Lisa Fairfax reports that the oral argument in CA v. AFSCME raised interesting issues with respect to mandatory bylaws: First, counsel for CA appeared to be arguing that the fact that the by-law was mandatory and unqualified violated Delaware law because, by requiring the reimbursement of all successful candidates, it improperly took away directors’ discretion to determine how to allocate...

[continued on site]

Full post as published by BusinessAssociationsBlog.com on July 14, 2008 (boomark / email).

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