The Harvard Law School Forum on Corporate Governance Publishes Akin Article on The Delaware Supreme Court and Advance Notice Bylaws
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The Harvard Law School Forum on Corporate Governance has published an article titled, “Delaware Supreme Court Affirms Dismissal of Premature Challenges to Advance Notice Bylaws,” co-authored by Akin investment funds litigation and shareholder activism practice head Douglas Rappaport and litigation partners Scott Barnard and Stephanie Lindemuth.
The article examines the Delaware Supreme Court’s decision to dismiss challenges to advance notice bylaws and explores its broader implications.
As the authors explain, "This decision reinforces a practical threshold point for advance notice bylaw litigation: Delaware courts are generally reluctant to engage in pre‑enforcement equitable review of advance notice bylaws based on alleged deterrent effects alone, where plaintiffs cannot plead a concrete dispute.”
To read the full piece: https://corpgov.law.harvard.edu/2026/05/21/delaware-supreme-court-affirms-dismissal-of-premature-challenges-to-advance-notice-bylaws/
