Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogQuinn on Migration of Shareholder Lawsuits Out of Delaware
By Lawrence Solum
Brian J.M. Quinn (BC Law School) has posted Shareholder Lawsuits, Status Quo Bias, and the Adoption of the Exclusive Forum Provision [Draft] on SSRN. Here is the abstract:
-
Observers have noted a trend of shareholder lawsuits migrating out of Delaware. This trend appears to be part of a litigation strategy to avoid Delaware?s more aggressive policing of agency costs in acquisition-related shareholder litigation. To the extent litigation strategies are driven by agency costs, litigation can be costly to shareholders without much by way of tangible benefits to them. In addition to be potentially wasteful for shareholders a sustained outward migration of cases from Delaware may threaten Delaware?s ability to maintain its position as the nation?s center of corporate law. Consequently, the out-of-Delaware trend deserves attention. Some commentators have proposed that firms adopt forum selection provisions in their corporate charters as a way of reducing incentives for shareholder plaintiffs to engage in judicial arbitrage. There is some merit to a self-help approach. However, to date few firms have adopted such a strategy. This Article argues that notwithstanding the fact that incorporators are free to contract around default rules and adopt innovative self-help provisions, status quo bias in contracting reduces incentives for them to do so. In order to help shareholders and firms overcome status quo bias, an opt-in menu approach that facilitates flexibility in corporate contracting to may be helpful to incorporators in overcoming cognitive constraints to innovation.
Full post as published by Legal Theory Blog on March 02, 2011 (boomark / email).
Delaware Law Changes May Help Shareholder Activists (Law.com)
Two key additions to the Delaware General Corporation Law are expected to aid shareholder activists seeking bylaw changes that boost their ability to nominate and elect directors. The two new sections enable, but do not require, corporate bylaws to include shareholder-friendly provisions...
Delaware Supreme Court to Rule on the Validity of Shareholder-Adopted Bylaws
The Staff of the Securities and Exchange Commission has certified to the Delaware Supreme Court two questions of law regarding the permissibility of a bylaw amendment submitted as a shareholder proposal to a Delaware corporation, CA, Inc...
Delaware Innovates, Agains
Delaware will test its new law that gives its courts jurisdiction to respond to inquiries from the SEC on what Delaware corporate law provides. The SEC, in Rule 18-A8, allows firms to deny ballot space to shareholder resolutions that are...
Delaware Supreme Court Case on Shareholder-adopted Bylaws: The Parties’ Briefs
In advance of the scheduled Delaware Supreme Court hearing tomorrow on the validity of the proposed shareholder-adopted election bylaw submitted for inclusion in the proxy materials of Delaware corporation CA, Inc, we are posting the briefs of the two sides, which were filed yesterday...
Delaware's Top Five Worst Shareholder Decisions of 2008 (Introduction)
We will devote the afternoon posts this week (the morning posts are on the agenda for the SEC once regime change occurs) to our annual review of the most anti-shareholder, anti-plaintiff decisions by the Delaware courts in 2008...
Shareholder Lawsuits and Stock Returns
(Editor?s Note: This post comes to us from Amar Gande of the Edwin L. Cox School of Business, Southern Methodist University, and Craig M. Lewis of the Owen Graduate School of Management, Vanderbilt University...
Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Hormone Replacement Therapy Lawsuits See Multi-Million Dollar Settlements
HRT Lawsuits Pharma Faces Multi Million Dollar Settlements
Marvell
Settles Shareholder Class Action for $72 Million
Comverse Shareholder Settlement Agreed at $225 Million
Comverse Shareholder Settlement Agreed at $225 Million
Countrywide Financial Corp
Served with Two Lawsuits
Comcast
facing lawsuits from BitTorrent Throttling
Furloughed Workers
File Employment Lawsuits
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| Oil Spill Video
All original material © 1999-2011 by USLaw.com. All other material, including Blog Directory feed content, are © by their respective copyright holders. |