ATP Tour Prevails in Case of First Impression on Legal Fee Shifting

In a case of first impression, the Delaware Supreme Court ruled recently in favor of ATP Tour, Inc.’s (“ATP”) request to have the court determine that a fee-shifting provision in its corporate bylaws is valid under Delaware law. Attorneys representing the ATP said this was an important step in the Tour’s longstanding attempt to be reimbursed for significant legal fees expended defending against “unmeritorious claims” brought by two national tennis federations that are members of ATP.