
Attorney Articles
Grant & Eisenhofer attorneys have published numerous articles in professional publications. This page includes topics of interest to the institutional investor community.
An Overview of the Stockholder's Statutory Right to Inspect Corporate Books and Records Under Delaware Law Practising Law Institute Course Handbook - April 2007 Under the American system of corporate governance, the stockholders elect a board of directors to oversee the company’s business and affairs... [Full Text]
Investor Litigation in the U.S. - The System is Working Securities Reform Act Litigation Reporter - February 2007 In recent months, numerous critics have been on the warpath against investor class actions, seeking to discredit this long-established legal mechanism...... [Full Text]
Delaware Chancery Court Confirms Shareholders' Rights as Owners of Corporations October 2006 Recognizes Directors As "Agents" That Serve At Behest of Shareholders... [Full Text]
Giving Substance To The Right To Vote: An Initiative To Amend Delaware Law to Require A Majority Vote In Director Elections The Corporate Governance Advisor - November/December 2005 - The issue of majority voting for director elections has exploded to the forefront of shareholder concerns and corporate governance initiatives in recent years... [Full Text]
Loss Causation In Light of Dura: Who Is Getting It Wrong? Securities Reform Act Litigation Reporter - October 2005 - The Supreme Court's recent decision in Dura Pharmaceuticals v. Broudo, 125 S. Ct. 1627 (2005)... [Full Text]
Executive Compensation: Bridging the Gap Between What Companies Are Required to Disclose and What Stockholders Really Need to Know International Roundtable on Executive Remmeration - September 2005 Executive compensation includes salary, bonuses, perquisites (or "perks"), stock, stock options and other forms of compensation arrangements provided to a company's executive officers... [Full Text]
Does Corporate Governance Matter to Investment Returns? Corporate Accountability Report - September 2005 - Although Conrad Black will tell you that corporate governance is a form of terrorism, an increasing body of evidence suggests that enhanced governance equals enhanced performance... [Full Text]
In re Cox Communications, Inc. : A Suggested Step in the Wrong Direction Bank and Corporate Governance Law Reporter - September 2005 - In a recent decision in In re Cox Communications, Inc., Vice Chancellor Strine of the Delaware Court of Chancery made a number of important pronouncements... [Full Text]
The Role Of Foreign Investors In Federal Securities Class Actions Securities Litigation & Enforcement Institute 2004 Corporate Law & Practice, Course Handbook Series Number B1442 -Falsified financial results, restated financial statements, aggressive accounting practices and failed audits are no longer strictly the stuff of American securities markets... [Full Text]
Recent Developments in Federal Securities Litigation January, 2005 -This article presents an overview of some of the more recent trends in federal securities litigation, as well as some of the key areas in which the law has developed or changed as a result of such litigation... [Full Text]
State Appraisal Statutes: An Underutilized Shareholder Remedy The Corporate Governance Advisor, Volume 13, Number 3 - May/June '05 -There are many occasions upon which the shareholders of a corporation are deprived of their ownership interest in that corporation... [Full Text]
Recent Developments in Delaware Corporate Law January, 2005 - 2004 was a momentous year in Delaware corporate law. In the Disney and Hollinger International cases as well as other lower profile cases, the Supreme Court and the Court of Chancery made pronouncements that shaped the landscape of Delaware corporate law...[Full Text]
An Invaluable Tool In Corporate Reform Pensions & Investments - November 13, 2004 - In recent months, there has been an aggressive effort by opponents of corporate governance reform to derail the post-Sarbanes-Oxley momentum of shareholder activism... [Full Text]
Securities Fraud, Stock Price Valuation, and Loss Causation Business Lawyer - August 01, 2004 -Over the last twenty years, the calculation of damages in securities class action litigation has increasingly become based upon principles of corporate finance. Moving from initial, relatively unsophisticated ... [Full Text]
Mandatory Bylaws are Permitted Under Delaware Law: An Argument in Favor of Shareholders' Rights Bank and Corporate Governance Law Reporter - May 2004 For years, shareholder activists have attempted to effect corporate governance reforms through the adoption of bylaws... [Full Text]
Litigating Excessive Compensation: Is the Balance Tipping? The Corporate Governance Advisor - January/February 2004 - The scandals in Enron, Tyco, HealthSouth, and Global Crossing, to name a few, have severely damaged investor confidence... [Full Text]
Pleading Scienter After Enron: Has the World Really Changed? Bureau of National Affairs, Securities Regulation & Law Report, November 17, 2003 Analysis & Perspective- Possibly the kew change in substantive securities law that was effected by the Private Securities Litigation Reform Act of 1995... [Full Text]
Securities Litigation Against Third Parties: Pre-Central Bank Aiders and Abettors Become Targeted Primary Defendants Securities Reform Act Litigation Reporter - November 01, 2003 - The Supreme Court's 1994 decision in Central Bank v. First Interstate Bank of Denver, N.A. and the passage of PSLRA make claims against corporate advisors far more difficult to plead and prove. Yet accountants, investment bankers, lawyers, and lenders all remain viable, although very difficult, targets... [Full Text]
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