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Private Ordering Post-Trulia: Why No-Pay Provisions Can Fix the Deal Tax and Forum Selection Provisions Can’t

Sean J. Griffith

in The Corporate Contract in Changing Times: Is the Law Keeping Up?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226599403
eISBN:
9780226599540
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226599540.003.0013
Subject:
Law, Company and Commercial Law

I examine the flight of cases from Delaware in the wake of the Court of Chancery’s decision in Trulia and ask whether there is a private ordering solution to the problem. After demonstrating why ... More


Hedge Fund Activism, Poison Pills, and the Jurisprudence of Threat

William W. Bratton

in The Corporate Contract in Changing Times: Is the Law Keeping Up?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226599403
eISBN:
9780226599540
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226599540.003.0007
Subject:
Law, Company and Commercial Law

This chapter reviews the single high profile case in which twentieth century antitakeover law has come to bear on management defense against a twenty-first century activist challenge — the Delaware ... More


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