Topic
Corporate Law
Posts
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ArticleVol. 98 · Iss. 6
A General Defense of Information Fiduciaries
Countless high-profile abuses of user data by leading technology companies have raised a basic question: should firms that traffic in user data be held legally responsible…
Andrew F. Tuch -
ArticleVol. 98 · Iss. 6
My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
Fiduciary duties in the vicinity of insolvency form a notoriously murky area where legal space warps. Courts openly acknowledge that it is difficult to identify its…
Amir N. Licht -
ArticleVol. 98 · Iss. 6
Whistleblowers: Implications for Corporate Governance
Whistleblowers are not among the actors who populate academic accounts of corporate governance. Nor are whistleblowers visible in formal governance frameworks consisting of legal…
Deborah A. DeMott -
ArticleVol. 98 · Iss. 6
A New Caremark Era: Causes and Consequences
What role does corporate law play in holding directors accountable for compliance failures? Until recently, the answer has been “very little.” The prevalent standard for director…
Roy Shapira -
ArticleVol. 98 · Iss. 6
The Rise of International Corporate Law
Comparative corporate governance has focused either on prevailing differences across legal systems or on spontaneous legal transplants of foreign institutions in response to global competition. This…
Mariana Pargendler -
ArticleVol. 98 · Iss. 6
Delaware’s Fiduciary Imagination: Going-Privates and Lord Eldon’s Reprise
What does it mean to be a fiduciary and does it really matter whether the law labels a person a fiduciary or not? Until…
David Kershaw -
ArticleVol. 98 · Iss. 6
Stop Blaming Milton Friedman!
A 1970 New York Times essay on corporate social responsibility by Milton Friedman is often said to have launched a shareholder-focused reorientation of managerial priorities in…
Brian R. Cheffins -
NoteVol. 90 · Iss. 4
Tossing the Red Flag: Official (Judicial) Review and Shareholder-Fan Activism in the Context of Publicly Traded Sports Teams
For some, it comes after their team squanders away a fourth quarter lead in the playoffs, engages in a hasty trade, or makes an…
Zachary A. Greenberg -
ArticleVol. 90 · Iss. 3
Merger Class Actions in Delaware and the Symptoms of Multi-Jurisdictional Litigation
Recent research on corporate litigation has focused on three trends: the growth in percentage of mergers that result in litigation, the migration of cases…
Adam B. Badawi -
ArticleVol. 89 · Iss. 5
Corporate Social Responsibility After Disaster
In recent years, corporations have devoted substantial resources to disaster relief worldwide. For instance, Wal-Mart garnered favorable attention for its contributions in New Orleans…
Susan S. Kuo & Benjamin Means -
ArticleVol. 89 · Iss. 1
Activist Distressed Debtholders: The New Barbarians at the Gate?
The term “corporate raiders” previously struck fear in the hearts of corporate boards and management teams. It generally refers to investors who target undervalued,…
Michelle M. Harner