Exclusive forum bylaws are enforceable in Delaware, at least for now. That's because, as Fish & Richardson's Litigation Blog reported, the plaintiffs have apparently dismissed their appeal of the Chancery Court case that validated the bylaws, Boilermakers Local 154 Retirement Fund, et al. v. Chevron Corp.
This is important news for Delaware companies because exclusive forum selection bylaws can help reduce the risk of simultaneous litigation in multiple forums and adoption of the bylaws doesn't require a shareholder vote. This means that a board can adopt the bylaws at a regular meeting, and there seems to be little reason not to do so. As a result, many, many companies are adopting these bylaws each week, and those Boards who haven't examined them yet should consider doing so at their next meeting.
You can find a blog post about Exemplify's standard forum selection bylaws here. Interestingly, although most companies have adopted bylaws very close to the Chevron or FedEx ones validated in the Boilermakers decision, Exemplify analysis suggests that the standard version is evolving. In particular most firms have not inadvertently copied the misspelled word Exemplify identified in the original Chevron bylaws, although about 10% have.