The Ban on Some Fee Shifting Bylaws?

The Delaware house adopted the ban on fee shifting bylaws. The bill is here. The legislation awaits the signature of the governor.

The provision does not necessarily apply to actions under the federal securities laws (except possibly actions arising out of a breach of a duty).  Nonetheless, it is also possible that the provision does not expressly address these actions because Delaware corporations lack the authority under Section 109(b) to regulate causes of action other than those involving a corporation's internal affairs.