The Corporate Contract in Changing Times

Over the past few decades, significant changes have occurred across capital markets. Shareholder activists have become more prominent, institutional investors have begun to wield more power, and intermediaries like investment advisory firms have greatly increased their influence. These changes to the economic environment in which corporations operate have outpaced changes in basic corporate law and left corporations uncertain of how to respond to the new dynamics and adhere to their fiduciary duties to stockholders.
           
With The Corporate Contract in Changing Times, Steven Davidoff Solomon and Randall Stuart Thomas bring together leading corporate law scholars, judges, and lawyers from top corporate law firms to explore what needs to change and what has prevented reform thus far. Among the topics addressed are how the law could be adapted to the reality that activist hedge funds pose a more serious threat to corporations than the hostile takeovers and how statutory laws, such as the rules governing appraisal rights, could be reviewed in the wake of appraisal arbitrage. Together, the contributors surface promising paths forward for future corporate law and public policy.

Contributors

Leo E. Strine Jr.
Robert B. Thompson
Steven Davidoff Solomon
Randall S. Thomas
David J. Berger
Michael B. Dorff
Hillary A. Sale
Frank Partnoy
William W. Bratton
Elizabeth Pollman
Colleen Honigsberg
Robert J. Jackson Jr.
Guhan Subramanian
Jill E. Fisch
Verity Winship
Sean J. Griffith
Stavros Gadinis