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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.
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