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Delaware Legislature Rejects Fee Shifting
In ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), in the context of a nonprofit corporation, the Delaware Supreme Court affirmed the validity of a provision added to the corporation's bylaws providing, inter alia, that if a member of the corporation should bring a derivative action and not substantially prevail, they must pay all of the defense costs incurred in connection with the action.
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