George A. Leet Business Law Symposium: Corporate Law and Private Ordering: What are the Limits and What Framework Should Guide Decisions on Private Ordering?

Friday, November 4th, 2022
8:30 AM - 3:00 PM

Add to Calendar: Add to Calendar: 2022-11-04 08:30:00 2022-11-04 15:00:00 George A. Leet Business Law Symposium: Corporate Law and Private Ordering: What are the Limits and What Framework Should Guide Decisions on Private Ordering? Event Description Increasingly, corporations following the idea of a firm as a nexus of contracts, have relied on a contractual paradigm to craft contracts to engage in private ordering as a means of customizing corporate governance. Some of these contractual variations are permitted by statute. In other cases, these private contracts may diverge from the corporate governance rules that might otherwise govern and might violate mandatory common law doctrines. Therefore, these agreements may create conflicts with corporate law structures, raising a number of issues as to what deviations should be permitted. Within this arena of private ordering and its limitations, a number of interesting topics exist. These sub-topics will be addressed by the speakers at the Leet: the rise of ESG, private ordering and fiduciary obligations; contract law as a means of achieving corporate social responsibility; private contracts waiving stockholder inspection rights; the ambiguity of ESG in contracts and corporate contracts; contract, property and coalitions in the revision process of corporate instruments; private ordering in publicly and closely held corporations; and the limits on private ordering.   Speaker Bios Symposium Agenda Reading Materials Are M&A Lawyers Really Better? The Law's Limits on Contracts in a Corporation Stealth Governance: Shareholder Agreements and Private Ordering Contact This Event Coordinator Patricia Harbold 216-368-5064 patricia.kim@case.edu ÐÇ¿Õ´«Ã½ School of Law George Gund Hall Room A59, Moot Courtroom 11075 East Blvd., Cleveland, OH 44106 School of Law School of Law America/New_York public

The Center for Business Law

4.0 (in-person attendance only) hours of CLE credit has been approved

Webcast Archive Content

Video: Corporate Law and Private Ordering - Part 1
Video: Corporate Law and Private Ordering - Part 2
Video: Corporate Law and Private Ordering - Part 3

Event Description

Increasingly, corporations following the idea of a firm as a nexus of contracts, have relied on a contractual paradigm to craft contracts to engage in private ordering as a means of customizing corporate governance. Some of these contractual variations are permitted by statute. In other cases, these private contracts may diverge from the corporate governance rules that might otherwise govern and might violate mandatory common law doctrines. Therefore, these agreements may create conflicts with corporate law structures, raising a number of issues as to what deviations should be permitted. Within this arena of private ordering and its limitations, a number of interesting topics exist.


These sub-topics will be addressed by the speakers at the Leet:

  1. the rise of ESG, private ordering and fiduciary obligations;
  2. contract law as a means of achieving corporate social responsibility;
  3. private contracts waiving stockholder inspection rights;
  4. the ambiguity of ESG in contracts and corporate contracts;
  5. contract, property and coalitions in the revision process of corporate instruments;
  6. private ordering in publicly and closely held corporations; and
  7. the limits on private ordering.
     

Speaker Bios

Symposium Agenda

Reading Materials

Are M&A Lawyers Really Better?

The Law's Limits on Contracts in a Corporation

Stealth Governance: Shareholder Agreements and Private Ordering

Contact This Event Coordinator

Patricia Harbold

216-368-5064

patricia.kim@case.edu

Event Location

ÐÇ¿Õ´«Ã½ School of Law
George Gund Hall
Room A59, Moot Courtroom
11075 East Blvd., Cleveland, OH 44106

Jill Fisch Headshot