Bite-Sized Business Law
Looking for the latest in legal business news?
Get a breakdown of the top stories in business law from industry leaders on the front lines with Bite-Sized Business Law. Host Amy Martella takes a closer look at the latest corporate happenings through interviews with the attorneys, legal experts, public figures, and scholars behind the news to distill business law’s biggest stories into bite-sized portions.
This is your chance to go further into the world of business law and stay up to date with legal cases and industry trends.
Corporations impact us all, leading changes that extend far beyond business to shape the economy, public policy, technology, and beyond. Looking at the big picture, Amy discusses not only the underlying issues in business ethics and legal cases leading the biggest stories but also sparks thought-provoking discussions on where the law should be headed.
Amy is the Executive Director of the Corporate Law Center at Fordham University School of Law. Her background ranges from big law to government to tech startups, allowing her to offer an insider’s perspective of the issues that shape corporate actions, large and small. Covering crypto regulation to securities fraud, AI’s impact to Elon Musk’s pay package, Bite-Sized Business Law covers it all with guests of varying viewpoints to provide the nuanced analysis needed to tackle complex problems.
Whether you're looking for the latest in legal insight on intellectual property, mergers and acquisitions, business ethics or legal cases in the business law world, you’ll find it here. Enjoying a thoughtful perspective on the news stories of the moment, Bite-Sized Business Law examines big issues and delivers them in small doses.
Bite-Sized Business Law is a project by the Corporate Law Center at Fordham Law. The Center serves as a hub for scholars, professionals, policymakers, and students to engage in the study, discussion, and debate of current issues in corporate law. The Center focuses on aspects of corporate law, corporate compliance, antitrust law, and securities regulation. Through initiatives like the Mergers and Acquisitions seminar and the Securities Litigation and Arbitration Clinic, students actively engage in real-world research and cases, bridging the gap between classroom learning and practical application in the legal field.
Bite-Sized Business Law
Leaving Delaware? The Essential Role of Specialized Courts
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Who should be trusted to govern the most powerful relationships in the economy: markets, managers, or courts? During this conversation, we are joined by two legal scholars, Zohar Goshen and Tomer Stein, whose newest article focuses on the role of specialized corporate courts. Their shared insight is that corporate relationships are inherently incomplete, and no contract can anticipate every future conflict. This is why states establish business courts: to enforce fiduciary duties and resolve disputes, while enabling efficient risk-taking. But something else is at work here: gatekeeping claims and claim dismissal. Join us as we unpack the unique role of specialized business courts, stepping in where shareholder governance ends. We also discuss the Business Judgment Rule, the Delaware Supreme Court’s decision in Tornetta v. Musk, and more!
Key Points From This Episode:
- An introduction to our guests and what sparked their shared focus on specialized corporate courts.
- Two reasons for any state to establish a corporate court.
- Why a corporate relationship can be thought of as an incomplete contract.
- How a specialized business court holds unique authority as a third-party participant.
- Why shareholders should handle mismanagement on their own, and courts should handle self-dealing cases.
- The Business Judgment Rule establishes whether shareholders or courts should intervene.
- Why different specialized courts are necessary.
- Safeguards to protect too much power being concentrated in the hands of managers.
- Whether or not federal preemption is likely or beneficial.
- Thoughts on Delaware Supreme Court decision in Tornetta v. Musk.
Links Mentioned in Today’s Episode:
Tomer Stein
Tomer Stein on LinkedIn
Tomer Stein on X
Leaving Delaware? The Essential Role of Specialized Corporate Courts
Fordham University School of Law Corporate Law Center