En Banc
Delaware Court Addresses Entrenchment Claims Brought Against Directors Under Activist Hedge Fund Attack
Jun. 19, 2016—Delware Court Addressess Entrenchment Claims Brought Against Directors Under Activist Hedge Fund Attack ABSTRACT Chancery Court finds terms of settlement with hedge fund not subject to Unocal enhanced scrutiny review. But refuses to dismiss fiduciary claims arising from defensive bylaw amendments adopted post-settlement. AUTHOR Robert S. Reder Professor of the Practice of Law at Vanderbilt...
Shining a Light on Shadow Money
Apr. 22, 2016—Shining a Light on Shadow Money Reviewed: MORGAN RICKS, THE MONEY PROBLEM: RETHINKING FINANCIAL REGULATION (University of Chicago Press, 2014). AUTHOR Associate Professor of Law, University of California, Hastings College of the Law. I am grateful to Abe Cable and Reuel Schiller for helpful comments on drafts of this review.
Delaware Court Invalidates Commonly-Used Corporate Classified Board Provision as Contrary to Delaware Law
Apr. 15, 2016—Delaware Court Invalidates Commonly-Used Corporate Classified Board Provision as Contrary to Delaware Law AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011....
Delaware Court Refuses to Dismiss Aiding and Abetting Claim Against Sell-Side M&A Financial Advisor
Apr. 15, 2016—Delaware Court Refuses to Dismiss Aiding and Abetting Claim Against Sell-Side M&A Financial Advisor AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April...
How Should a Judge Be: In Defense of the Judge as CEO
Apr. 6, 2016—How Should a Judge Be: In Defense of the Judge as CEO Response to Mitu Gulati & Richard A. Posner, The Management of Staff by Federal Court of Appeals Judges, 69 Vand. L. Rev. 479 (2016). AUTHOR Founder and managing editor, Above the Law, http://abovethelaw.com, and author, Supreme Ambitions (2014).
Pointing a Way Toward a Brighter Future for Public Education: A Comment on Lynch v. Alabama
Mar. 30, 2016—Pointing a Way Toward a Brighter Future for Public Education: A Comment on Lynch v. Alabama AUTHOR Vanderbilt University School of Law class of 2014. I would like to thank my wife Taylor for her helpful feedback and support during this long project; Dr. Randolph Horn for introducing me to the sordid history of the...
In Praise of (Some) Ex Post Regulation: A Response to Professor Galle
Mar. 29, 2016—In Praise of (Some) Ex Post Regulation: A Response to Professor Galle Response to Brian Galle, In Praise of Ex Ante Regulation, 68 Vand. L. Rev. 1715 (2015). AUTHOR Wade H. and Dores M. McCree Collegiate Professor of Law, University of Michigan Law School.
Statistical Testing of Peremptory Challenge Data for Possible Discrimination: Application to Foster v. Chatman
Mar. 16, 2016—Statistical Testing of Peremptory Challenge Data for Possible Discrimination: Application to Foster v. Chatman AUTHOR Professor of Statistics and Economics, George Washington University. It is a pleasure to thank Ms. Lihui Cai, Prof. Edward Cheng, and the Editors of Vanderbilt Law Review En Banc for carefully reviewing a draft of the manuscript and making several...
Delaware Chancery Court Resets the Rules of the Road for Disclosure-Only Settlements
Mar. 14, 2016—Delaware Chancery Court Resets the Rules of the Road for Disclosure-Only Settlements AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011. Lauren Messonnier Meyers...
Delaware Supreme Court Upholds Multi-Million Dollar Damages Award Against Sell-Side M&A Advisor
Mar. 14, 2016—Delaware Supreme Court Upholds Multi-Million Dollar Damages Award Against Sell-Side M&A Advisor AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011. Margaret...
Delaware Supreme Court Affirms Pleading-Stage Dismissal of Control Stockholder Buyout Litigation
Feb. 11, 2016—Delaware Supreme Court Affirms Pleading-Stage Dismissal of Control Stockholder Buyout Litigation AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011. Lauren Messonnier Meyers...
Decriminalization, Regulation, Privatization: A Response to Professor Natapoff
Jan. 28, 2016—Decriminalization, Regulation, Privatization: A Response to Professor Natapoff Response to Alexandra Natapoff, Misdemeanor Decriminalization, 68 Vand. L. Rev. 1055 (2015). AUTHOR O.M. Vicars Professor of Law, University of Virginia School of Law.
Sell-Side Financial Advisors in the M&A Crosshairs
Dec. 6, 2015—Sell-Side Financial Advisors in the M&A Crosshairs AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011. Stephanie Stroup Estey Vanderbilt University Law...
Delaware Supreme Court Rejects Piecemeal Approach to Analyzing Director Independence
Dec. 1, 2015—Delaware Supreme Court Rejects Piecemeal Approach to Analyzing Director Independence AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011. Lauren Messonnier Meyers...
Spokeo, Inc. v. Robins (2015)
Sep. 16, 2015—Spokeo, Inc. v. Robins was argued before the Supreme Court on November 2, 2015. In Spokeo, the Court considered whether Congress may confer Article III standing upon plaintiffs who suffer no concrete injury by vesting them with a private right of action to enforce a statutory requirement. The case may have broad-reaching impacts upon standing doctrine...
Williams-Yulee v. The Florida Bar (2015)
Sep. 16, 2015—Williams-Yulee v. The Florida Bar was argued before the Supreme Court on January 20, 2015. In Williams-Yulee, the Court considered whether a rule of judicial conduct that bans judicial candidates from directly soliciting campaign funds violates the First Amendment. The case has important implications, as currently thirty-nine states elect at least some of their judges and at...