Litigation

Private Litigation to Enforce Fiduciary Duties in Mutual Funds: Derivative Suits, Disinterested Directors and the Ideology of Investor Sovereignty

The Shifting Tides of Merger Litigation

In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception...

Corporate Litigation, Governance, and the Role of Law Firms

Corporations pay out large settlements to their shareholders and other plaintiffs as compensation for corporate governance failures. Hired to...

Corporate Darwinism: Disciplining Managers in a World with Weak Shareholder Litigation

Corporate legal scholarship largely focuses on addressing managerial agency costs. As part of this paradigm, legal scholars examine how effectively...

The Paradox of Delaware’s “Tools at Hand” Doctrine: An Empirical Investigation

Much has been written on the subject of abusive shareholder litigation. The last decade has witnessed at first an increase and then a dramatic spike in...

Mapping Types of Shareholder Lawsuits Across Jurisdictions

Shareholder litigation has been a prominent topic in the comparative corporate governance literature for decades. However, scholars trained in a...

Research Handbook on Comparative Corporate Governance: Introduction

This chapter introduces the Research Handbook on Comparative Corporate Governance and surveys several of the central themes addressed in the book....

The Private Ordering Solution to Multiforum Shareholder Litigation

This paper empirically analyzes a private ordering solution to multiforum shareholder litigation: exclusive forum provisions in corporate charters...

Understanding the (Ir)Relevance of Shareholder Votes on M&A Deals

Has corporate law and its bundles of fiduciary obligations become irrelevant? Over the last thirty years, the American public corporation has...

Delaware's Balancing Act

Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However,...

Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation?

We survey law firms, firms and institutional investors to better understand their preferred method of intracorporate dispute resolution in Brazil....

Litigation in Mergers and Acquisitions