The new separation of ownership and control: institutional investors and ESG

PG Mahoney, JD Mahoney - Colum. Bus. L. Rev., 2021 - HeinOnline
Scholars, public officials, corporate executives, money managers and others have long
debated the merits of socially motivated investing and corporate management. 1 The …

Legal strategy disrupted: Managing climate change and regulatory transformation

SK Park - American Business Law Journal, 2021 - Wiley Online Library
The effects of climate change on the natural, economic, political, and social environments of
business will be broad and substantial. The legal environment of business is not immune …

Stealth governance: shareholder agreements and private ordering

JE Fisch - Wash. UL Rev., 2021 - HeinOnline
Corporate law has embraced private ordering-tailoring a firm's corporate governance to
meet its individual needs. Firms are increasingly adopting firm-specific governance through …

The breakdown of the public-private divide in securities law: causes, consequences, and reforms

GS Georgiev - NYUJL & Bus., 2021 - HeinOnline
The first two decades of the 21st century were a busy and turbulent time for securities law.
The regulatory regime, which had grown in a slow and adaptive fashion since its inception …

The Further Erosion of Investor Protection: Expanded Exemptions, SPAC Mergers, and Direct Listings

AF Tuch, J Seligman - Iowa L. Rev., 2022 - HeinOnline
This article examines the decades-long decline of investor protections enshrined in the
Securities Act of 1933, most notably Section 11, which imposes near strict liability on …

The challenges of nonprofit governance

P Molk, DD Sokol - BCL Rev., 2021 - HeinOnline
The stakes for proper nonprofit governance are extremely high. Over 1.5 million nonprofits
are registered with the Internal Revenue Service (IRS), collectively employing twelve million …

Corporate Adolescence: Why Did" We" Not Work?

DC Langevoort, HA Sale - TEx. L. REv., 2020 - HeinOnline
In academic and public commentary, entrepreneurial finance is usually portrayed as a
quintessential American success story, an institutional structure whereby expert venture …

High-End Bargaining Problems

WW Clayton - Vand. L. Rev., 2022 - HeinOnline
The legal rules governing business transactions place great confidence in the ability of
contracting parties to bargain effectively. Contract law, for example, is built on the …

Taming unicorns

M Wansley - Ind. LJ, 2022 - HeinOnline
Until the last decade, most startups that grew to become valuable businesses chose to
become public companies. The gold standard of success for a startup was an initial public …

Startup Failure

E Pollman - Duke LJ, 2023 - HeinOnline
Venture-backed startups famously aim for a successful" exit" by going public or selling to
another company through an acquisition deal and achieving financial return for all equity …