Several months ago, I posted about a symposium I attended at Case Western Reserve Law School titled Fiduciary Duty, Corporate Goals, and Shareholder Activism. The Case Western Reserve Law Review will be publishing a volume of papers from the symposium, and my contribution, What We Talk About When We Talk About Shareholder Primacy, is now available on SSRN. The essay (well, they’re calling it an article but I think of it more as an essay) is about how shareholder primacy can be defined either as a wealth maximization norm or as obedience to shareholders, and what that means for corporate organization and theory.
In April, I attended the Corporate Accountability symposium sponsored by the Institute for Law & Economic Policy and the Vanderbilt Law Review. The Vanderbilt Law Review will be publishing those papers, and my contribution, After Corwin: Down the Controlling Shareholder Rabbit Hole, is now available on SSRN. The essay addresses the inconsistencies in how Delaware treats controlling shareholder transactions, and the new pressure that Corwin, as well as changes to corporate financing, have placed on the definition of what a controlling shareholder is.
(Regular readers of this blog will note that both of these essays draw heavily from my posts here. Waste not, want not.)
Finally, I previously posted about a panel on securities litigation that I attended at George Mason. At that time, I mentioned that my remarks drew from research that Matthew Cain, Steven Davidoff Solomon, Jill Fisch, and Randall Thomas presented at the April ILEP conference, and I promised to link to their paper when it was finally made public. Well, that paper, Mootness Fees (also forthcoming in Vanderbilt’s ILEP symposium volume), is now available on SSRN (so hot off the presses that as of this posting, it’s still in SSRN jail). It’s an empirical examination of mootness fees paid out in the wake of Delaware’s crackdown on merger litigation.
Enjoy!