Crown jewel lock-up options, a common deal protection device during the 1980s mergers and acquisitions boom, are back. During their popularity in the 1980s, these options took the form of agreements between a target company and a buyer pursuant to which the buyer was granted the right to...

Many promises are made in the negotiation of a merger but not all promises are necessarily enforceable or consistent with a board of directors’ fiduciary duties. This article explores the enforceability of one such promise: the buyer’s standstill agreement. When a publicly traded company...

The inaugural guest academic article for the University of Chicago Business Law Review Blog discusses how Millennial and GenZ investors can set in motion a social movement with disruptive effects on the current corporate governance paradigm. It refers to Millennial and GenZ investors as...

A fundamental issue in Delaware mergers & acquisitions (M&A) law is the extent to which a target company’s board of directors may restrict a sales process to extract value from bidders and grant a “winning bidder” certain deal protections to protect a transaction from being overbid....

The diffusion of mobile-first investing apps, like Robinhood, has increased retail investor participation in financial markets, particularly from the Millennial and GenZ generations, and has increased the diversity of retail investors. However, mobile-first investing apps are not free from...

This is a rewritten opinion of Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., to be published as part of the edited volume FEMINIST JUDGMENTS: REWRITTEN CORPORATE LAW (KELLI ALCES WILLIAMS, ANNE CHOIKE, & USHA R. RODRIGUES, EDS.) (CAMBRIDGE UNIVERSITY PRESS, forthcoming 2021). In Revlon,...

The GameStop saga and meme stock frenzy have shown the pathway to the most disruptive revolution in corporate governance of the millennium. New generations of retail investors use technologies, online forums, and gaming dynamics to coordinate their actions and obtain unprecedented results....

This book chapter, forthcoming in YOLO Capitalism: Perspectives on Retail Investors in Modern Financial Markets (Usman W. Choban & Sven van Kerckhoven, eds.) (Routledge), explains how new generations of investors, specifically Millennials and GenZ’ers, adopt a YOLO attitude to causing social...