Delcath Systems, Inc. Amends Bylaws to Add Exclusive Forum Provisions

What Happened Delcath Systems, Inc. (DCTH) announced that on August 12, 2026 its Board of Directors, following a recommendation from the Nominating and Corporate Governance Committee, amended and restated the company's bylaws effective immediately. The updated bylaws specify exclusive forums for certain types of litigation: the Court of Chancery of the State of Delaware (or, if that court lacks subject matter jurisdiction, the U.S. District Court for the District of Delaware) for internal corporate claims, and the federal district courts of the United States for claims arising under the Securities Act of 1933. The full text of the amended bylaws is filed as Exhibit 3.1 to the 8-K.

Key Details

• Date of change: Amended and restated bylaws adopted August 12, 2026, effective immediately.
• Internal corporate claims forum: Exclusive forum is the Delaware Court of Chancery (or D. Del. federal court if Chancery lacks jurisdiction).
• Securities Act claims forum: Exclusive forum is the federal district courts of the United States for claims under the Securities Act of 1933.
• Company consent exception: The company may consent in writing to an alternative forum (i.e., the exclusivity is subject to written company consent).

Why It Matters Forum-selection provisions determine where shareholders and others can bring lawsuits about internal corporate matters or securities-law claims. For investors, this change centralizes such disputes to Delaware state or specified federal courts, which can affect litigation strategy, timing, and costs. Investors who follow potential litigation risk or governance issues may want to review the full amended bylaws (Exhibit 3.1) to understand the scope of the forum limitations.