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But, of course, within each class, the same charter and bylaw provisions apply.
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As noted above, investors such as State Street havebecome more vocal in questioning how independence is defined and whether independence is compromised after many years on the board.
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Chancellor Chandler responded by identifying factors that the court would use to determine lead counsel.
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Requirements adopted to force suits against companies be filed only in certain courts, while a growing trend, face legal scrutiny depending on whether the case involves internal or external issues.
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Bylaw provisions are contracts; contract case law considers forum selections clauses prima facievalid.
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In addition, the outcomes in various courts may differ, leaving the company to deal with inconsistent results.
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We believe these actions are marks of good governance and enhance our accountability to shareholders.
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