Category Archives: Corporate governance

What Has Happened to the Rule of Law?

No, I am not talking about rendition or signing statements or warrantless wiretapping of American citizens. I am concerned about the fact it has become acceptable for corporations to welsh on their agreements. Exhibit 1: a page one story in yesterday’s Wall Street Journal, “Fights Over Health Claims Spawn a New Arms Race.” The article […]

Read more...

Shareholders vs. Everybody Else

Doug Smith, in his post “Putting Shareholders First? Wrong!” at StrategyWorld makes a persuasive case that companies can’t put the interests of shareholder values above other considerations if they are to do more than engage in a Potemkin-village version of corporate social responsibility. He focuses on the tendency to give shareholder concerns primacy, rather than […]

Read more...

Gretchen Morgenson vs. Marty Lipton on Shareholder Activism

For those readers who live outside New York City, the dramatis personae are Gretchen Morgenson, who writes a weekly column in the New York Times’ Sunday business section that regularly anatomizes the ways that CEOs enrich themselves, and Martin Lipton, who along with Joseph Flom was one of the top M&A lawyers in the 1980s, […]

Read more...