Author Archives: Harvard Law School Forum on Corporate Governance and Financial Regulation

Can Third Parties Be Held Liable for Securities Fraud? Gearing Up for Stoneridge

The National Law Journal recently published Securities Case Has Law Firms on Edge, an assessment of the potentially far-reaching implications of Stoneridge Investment Partners v. Scientific-Atlanta, which will be argued before the Supreme Court of the United States on October 9.  The article notes that, in Stoneridge, the Court will decide: “Who, besides the chief […]

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Does Delaware Compete?

This Friday in Wilmington, Delaware, Professor Mark Roe (who has previously posted on our Blog here) will deliver the Francis G. Pileggi Distinguished Lecture in Law.  Professor Roe’s talk, Does Delaware Compete?, will describe the competitive setting in which Delaware sets corporate-law standards.  The Abstract of Professor Roe’s lecture follows: After a century of academic […]

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Vintage Capital and Credit Protection

The fall’s inaugural Seminar in Law, Economics, and Organization this week featured a presentation by Efraim Benmelech on Vintage Capital and Credit Protection, a recent paper coauthored with Nittai Bergman.  The paper uses an extensive dataset on the age of aircraft around the world to assess whether creditor protections are linked with increased investment in […]

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The 100 Most Influential Players in Corporate Governance

Directorship magazine has recently published The Directorship 100, a list of the 100 most influential players in corporate governance.  The list and the reasons for the inclusion of each member appear in the September issue of the magazine. One of those included on the list is Lucian Bebchuk, Director of our Program on Corporate Governance.  […]

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Before You Join the Board: The Post-SARBOX Director

Editor’s Note: This post comes to us from Gwendolyn Alexis of Monmouth University‘s Management Department. Even in the post Sarbanes-Oxley era, being tapped to sit on the board of a publicly traded company is a nice line to add to one’s resume; and the broad-based mandate for more diverse boards means that this gem of […]

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The 10b-5 Loss Causation Requirement: The Implications of Dura

Atanu Saha and I have just released a new paper entitled The Loss Causation Requirement for Rule 10b-5 Causes-of-Action: The Implications of Dura Pharmaceuticals v. Broudo.  The article explores the broad range of important issues concerning the loss causation requirement raised by the Supreme Court in the Dura decision.  The Abstract explains: In order to have […]

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The SEC, Corporate Governance, and the Non-Access Proposal

Editor’s Note: This post is from J. Robert Brown, Jr. of the University of Denver . The October 2nd deadline is quickly approaching for comments on the SEC’s two proposals on proxy access for bylaw proposals related to shareholder nominations to the board.  One proposal would deny shareholder access to the proxy altogether; the other […]

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ABA Study on Private Equity Deal Points

Earlier this month, the Committee on Negotiated Acquisitions of the American Bar Association’s Section of Business Law released the 2007 Private Equity Buyer/Public Target M&A Deal Points Study.  I am the Chair of the Committee’s Market Trends Subcommittee which, in association with the Private Equity M&A Subcommittee, compiled the Study. The Study examines key deal […]

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Delaware’s Judges on Good Faith After Disney

Last year the Delaware State Bar Association sponsored a symposium entitled Good Faith After Disney: The Role of Good Faith in Organizational Relations in Delaware Business Entities.  The Judicial Panel of the symposium featured Chief Justice Steele and Justice Jack Jacobs of the Delaware Supreme Court, as well as Chancellor Chandler of the Delaware Court […]

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Weisbach on Pay without Performance

The most recent issue of the Journal of Economic Literature contains an essay in which Michael Weisbach, who recently joined us as a Guest Contributor, reviews Lucian Bebchuk’s and Jesse Fried’s Pay without Performance.  Weisbach reviews and evaluates in detail Bebchuk’s and Fried’s normative and positive claims on executive pay.  He concludes that the positive claims–Bebchuk’s […]

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