Root for the Forum Conveniens Team
|Area||Corporate and Commercial, Shareholder Rights and Activism|
Article originally published in the Canadian Lawyer Magazine, March 2019
Excerpt from "Root for the Forum Conveniens Team":
In the corporate securities realm, the issue arises with forum selection bylaws, which are provisions specifying the jurisdiction where certain shareholder litigation must occur. These provisions capture all forms of claims that shareholders can make against a corporation or its principals. Examples include claims for oppression, breach of fiduciary duty or non-compliance with the corporate statute. Forum selection bylaws do not cover other sorts of litigation that a corporation may become involved in through the normal conduct of its business, with customers, suppliers, competitors, regulators or others.