100 Iowa L. Rev. Bull. 31 (2015)
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The thesis of this brief Response to Cain and Davidoff Solomon's "Great Game" is that the phenomena reported for the period 2005 to 2011 are likely to fade in the face of evolving developments in law and practice affecting shareholder class and derivative litigation. Most notably, the rise of exclusive forum charter and bylaw provisions is likely to alter the extent of jurisdictional competition and the effects of that competition that "Great Game" reports. In addition, the uncertain and still unfolding evolution of other charter and bylaw provisions affecting shareholder litigation (notably fee-shifting provisions) is also likely to alter the picture reported in "Great Game."

Thursday, January 15, 2015