Working Paper
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...
Read moreCorporate 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...
Read moreCorporate 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...
Read moreThe 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...
Read moreMapping 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...
Read moreResearch 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....
Read moreThe 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...
Read moreUnderstanding 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...
Read moreDelaware'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,...
Read moreMandatory 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....
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