PAST SYMPOSIUM

The Center on Business Law & Policy and the New York Law School Law Review present the Symposium:

The Delaware Fiduciary Duty of Good Faith after Disney: Meaningful or Mickey Mouse?

For the webcast, click here.

For the official flyer, please click here.

Friday, November 13, 2009

In the closely followed Walt Disney litigation that occurred between 2003 and 2006, the Delaware Court of Chancery and the Delaware Supreme Court addressed the fledgling fiduciary duty of “good faith” in ways that raised tantalizing questions about corporate governance. Recently, the Delaware Supreme Court has redefined the contours of the duty of good faith, expressly placing the duty within the duty of loyalty in Stone v. Ritter (2006), and perhaps narrowing the duty in Lyondell Chemical Co. v. Ryan (2009), by stressing that “an arguably imperfect attempt” to carry out fiduciary duties should not be equated with a violation of good faith. What then is the future of the meaning and impact of good faith? At this symposium, leading corporate scholars from the United States and the United Kingdom will analyze the nature and importance of the evolving duty of good faith. Delaware Associate Supreme Court Justice Carolyn Berger, the author of Lyondell, will be available to comment on presentations.

Panels:

I. Good Faith and Fiduciary Theory

II. Good Faith and Compliance with the Law

III. Good Faith in an Institutional Context

IV. The Delaware Duty of Good Faith after Stone v. Ritter and Lyondell v. Ryan.

Speakers:

Hon. Carolyn Berger, Commentator, Associate Justice, Supreme Court of Delaware

William W. Bratton, Professor of Law, Georgetown University Law Center

Christopher M. Bruner, Associate Professor of Law, Washington & Lee School of Law

James D. Cox, Brainerd Currie Professor of Law, Duke University School of Law

Simon Deakin, Professor of Law, University of Cambridge

Kent Greenfield, Professor of Law, Boston College Law School

John Humbach, Professor of Law, Pace University Law School

Kristin Johnson, Professor of Law, Seton Hall University School of Law

Renee Jones, Professor of Law, Boston College Law School

Peter C. Kostant, Symposium Organizer, Visiting Professor of Law, New York Law School

Mae Kuykendall, Professor of Law, Michigan State University College of Law

Lawrence Lederman, Distinguished Adjunct Professor of Law, New York Law School

Richard Painter, S. Walter Richey Professor of Corporate Law, University of Minnesota Law School

Alan Palmiter, Professor of Law, Wake Forest University School of Law

Faith Stevelman, Professor of Law, Director of the Center on Business Law & Policy, New York Law School

Robert B. Thompson, New York Alumni Chancellor’s Chair and Professor of Management, Vanderbilt University Law School

PAST SYMPOSIUM

The Center on Business Law & Policy and The New York Law School Law Review are proud to present:

"Fear, Fraud and the Future of Financial Regulation"

Friday, April 24, 2009
9:30 am to 5:30 pm

(5 CLE Credits - Professional Practice)

To register for this symposium, please click here.

With a new administration and a host of new financial problems, the question is what type of regulations will arise to combat them. The conference will bring both academic and a practitioner's perspective on the new challenges facing the regulations of the financial markets. Topics to be discussed include: securitization, derivatives and the credit markets: financial regulations and disclosure; credit default swaps and the evolution of OTC regulations; the "Let's Make a Deal" complexion of the bailouts; the role of the Securities and Exchange Commission in risk management; the Group of 30 Report on future financial regulations; the controversy over executive compensation, among others. These new market realities and challenges are the subject of our conference: "Fear, Fraud, and the Future of Financial Regulations: Beyond the Market Meltdown of '08," sponsored by the Center on Business Law & Policy and the New York Law School Law Review.

Keynote Speaker:

Steven L. Schwarcz - Stanley A. Star Professor of Law & Business, Duke Law School

Panelists to Include:

Ernest E. Badway - Partner, Fox Rothschild, L.L.P.

Steven M. Davidoff - Professor of Law, University of Connecticut and Moritz College of Law, Ohio State University

Ronald H. Filler - Director of the Center on Financial Services Law, Professor of Law, New York Law School

Merritt B. Fox - Michael E. Patterson Professor of Law, NASDAQ Professor of Law and Economics of Capital Markets, Columbia Law School

Caroline Gentile - Associate Professor of Law, Fordham University School of Law

Jonathan A. Gottlieb - Managing Director, Associate General Counsel, and Head of Regulatory Advisory, RBS Greenwich Capital

Jeffrey J. Haas - Professor of Law, New York Law School

Howard S. Meyers - Associate Director, Center on Business Law & Policy, Visiting Professor of Law, New York Law School

Eric J. Pan - Associate Professor of Law and Director, The Samuel and Ronnie Heyman Center on Corporate Governance, Benjamin Cardozo School of Law

Houman B. Shadab - Senior Research Fellow at the Regulatory Studies Program of the Mercatus Center, George Mason University

Faith S. Stevelman - Director of the Center on Business Law & Policy, Professor of Law, New York Law School

Celia Taylor - Professor of Law, Sturm College of Law, University of Denver

Alexander M. Vasilescu - Regional Trial Counsel and Chief of the Trial Unit, New York Regional Office of the U.S. Securities and Exchange Commission