Free Your Advance Notice Bylaws From Ambiguities

Law360, New York ( July 20, 2015, 4:37 PM EDT) -- On July 2, 2015, in Hill International Inc. v. Opportunity Partners LP, No. 305, 2015, the Delaware Supreme Court affirmed a Court of Chancery decision that Opportunity Partnership LP (the "fund"), a stockholder in Hill International Inc. (the "company"), had complied with the company's advance notice bylaws and thus timely submitted two business proposals for consideration and two nominees for election at Hill's 2015 annual meeting (the "notice"). Accordingly, the Supreme Court held that it was proper to enjoin the company from conducting any business at the annual meeting other than convening the meeting for the sole purpose of adjourning it for a minimum of 21 days, so that the fund had a chance to present to the stockholders its business proposals and nominations in the notice. The opinion is available here....

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