Grossbauer Quoted in Delaware Law Weekly Regarding Supreme Court Decision July 30, 2008
The Securities and Exchange Commission certified two questions of law to the Delaware Supreme Court in a proxy dispute. In CA Inc. v. AFSCME Employees Pension Plan, the Court held that a proposed bylaw was a proper subject for stockholder action under the General Corporation Law, but also concluded that, if adopted, the bylaw would cause CA to violate Delaware law. John Grossbauer, a partner in Potter Anderson's Corporate Group noted the the Court felt it was important to provide as much guidance as it could in answering a question proposed in the abstract and that the justices had to consider any possible scenario in deciding the questions put to them . Grossbauer anticipates refinement of the "binding bylaws proposal" over time.
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