Thoughts of a Jewish-American Plaintiffs’ Lawyer on the Past and Present of Stockholder Litigation

Document Type

Article

Publication Date

2024

Abstract

In this speech (with added textual footnotes) delivered at Harry Radzyner Law School, Reichman University, in Herzliya, Israel on December 26, 2023, I discuss the question whether longstanding restrictions on Delaware stockholder litigation, proposed new restrictions, and basic features of Delaware’s stockholder litigation regime are appropriately targeted to discourage socially unproductive manifestations of stockholder litigation, or whether they reflect the historical disposition of the corporate defense bar that all stockholder suits are strike suits, or disdain toward the stockholder plaintiffs’ bar.

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