Topic
Mergers and Acquisitions
Posts
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CommentaryVol. 103 · Iss. 4
Control Capture and Competition
This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has…
D. Daniel Sokol & Robert J. Rhee -
ArticleVol. 103 · Iss. 3
Is Dealmaking Going Out of Fashion? The Impact of the FTC-Tapestry, Inc. Litigation on M&A Activity in the Fashion Industry
Anyone who has watched The Devil Wears Prada remembers the iconic scene where Miranda Priestly, the editor-in-chief of a fashion magazine, disparages Andy, her…
Beverly Rose Lobo -
ArticleVol. 102 · Iss. 2
Judicial Review In Public and Private Governance
In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited judicial deference to universities. In West Virginia…
Tomer S. Stein -
CommentaryVol. 102 · Iss. 2
Consequential Damages Clauses: Alien Vomit Or Intelligent Design?
Hadley v. Baxendale, 9 Exch. 341 (1854), is an old British case commonly taught in first-year contracts classes. The case sets out a limitation…
Tara Chowdhury, Faith Chudkowski, Amanda Dixon, Rishabh Sharma, Madison Sherrill, Hadar Tanne, Stephen J. Choi & Mitu Gulati -
CommentaryVol. 102 · Iss. 2
Another Consequential Damages Redux: A Response to “Consequential Damages Clauses: Alien Vomit or Intelligent Design?”
In “Consequential Damages Clauses: Alien Vomit or Intelligent Design,” Professors Choi and Gulati (and their cast of co-authors) have produced an interesting piece examining,…
Glenn D. West -
ArticleVol. 101 · Iss. 4
Do the Securities Laws Actually Protect Investors (And How)? Lessons from SPACs
Some have criticized mandatory securities regulation based on the claim that market competition alone adequately constrains exploitation of public investors in securities offerings. Other…
Patrick M. Corrigan -
Online2024
Sandbagging the Unsophisticated Seller: Arwood v. AW Site Services, LLC
In Arwood v. AW Site Services, LLC, the Delaware Court of Chancery sought to resolve the question raised in Eagle Force Holdings, LLC v.…
Jack Podolsky -
ArticleVol. 101 · Iss. 3
Antitrust Regulation of Copyright Markets
Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and…
Jacob Noti-Victor & Xiyin Tang -
NoteVol. 101 · Iss. 3
Social Mission Impossible: Why Fiduciary-Like Obligations Must Protect Wholly Owned Benefit Corporations
In 2023, corporate social activism is all the rage. Surveyed investors and consumers both profusely indicate a preference for businesses to prioritize social pursuits…
Nick Pirsos -
ArticleVol. 100 · Iss. 6
The SPAC Market
Introduction Special purpose acquisition companies (SPACs) exploded in popularity in the past few years, to such a degree that they made up 60% of…
Usha R. Rodrigues & Michael Stegemoller -
ArticleVol. 100 · Iss. 6
Fairness Opinions and SPAC Reform
Abstract This paper assesses the emerging regulatory framework for special purpose acquisition companies (SPACs). According to this framework, mergers of SPACs, known as de-SPACs,…
Andrew F. Tuch -
ArticleVol. 100 · Iss. 5
Superstar CEOs and Corporate Law
Abstract Larger-than-life corporate leaders, who can move fast and disrupt entrenched players, are often perceived as having the vision, superior leadership, or other exceptional…
Assaf Hamdani & Kobi Kastiel