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[No. 3] The New Tool of the Dutch Government in the SNS Crisis: the "Interventiewet"
By Alexander Schild Good times, bad times, all times are interesting times for lawyers. These days, the crises of SNS Reaal seems to near its Endspiel. The interesting new fact therein is importance of the Intervention Act (Interventiewet), which became... Continue reading
Posted Jan 24, 2013 at www.TheDefiningTension.com
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[No. 53] Alexander Schild on Corporate Law and the European Convention on Human Rights
On November 6, 2012, Alexander Schild will defend his PhD-thesis on the influence of the European Convention of Human Rights on Dutch corporate law. Over the past fifteen years, corporate litigators have increasingly referred to provisions in the European Convention... Continue reading
Posted Nov 2, 2012 at www.TheDefiningTension.com
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SAVE THE DATE! --- Symposium 'New Legislation in Director Liability Law'
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On Wednesday June 20, 2012, the Institute for Corporate Law will organize a symposium on New Legislation in Director Liability Law at the Erasmus University Rotterdam. The symposium is the second* in a series of symposia, that will focus in-depth... Continue reading
Posted May 13, 2012 at www.TheDefiningTension.com
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[No. 30] Shareholder Wealth Maximizzzzzzzzz...
Ok ok, the 'zzz' part was a lame joke. But it caught your attention right? Here goes. The fundamental "why are corporations on earth" discussion is still alive and kicking, also in the States where the SWM-norm seems less robust... Continue reading
Posted May 7, 2012 at www.TheDefiningTension.com
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[No. 18] A "Dissenting Opinion" on the Concurring Opinions Blog
Early 2009, then Vice-Chancellor Strine of the Delaware Chancery Court issued the - by now well-known - opinion in the AIG derivative suit case, that contains many instructive pages on let's say good corporate law and governance practices. I highlighted... Continue reading
Posted Feb 28, 2012 at www.TheDefiningTension.com
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[No. 13] The Janus Head of Corporate Law Revisited
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In a very interesing post, the Glom's Gordon Smith writes that he doesn't often "hear law professors talking systematically about the use of law for strategic purposes" (also see Steve B here). "The laws of economics explain how people make... Continue reading
Posted Feb 1, 2012 at www.TheDefiningTension.com
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[No. 12] Shareholder Exit and Fair Price
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Under Dutch corporate law, shareholders of a corporation with a 'closed' structure - typically so-called ' BV's' - who either (i) want to force another shareholder to exit (combined with a share transfer and payment of a fair share price)... Continue reading
Posted Feb 1, 2012 at www.TheDefiningTension.com
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[No. 11] Now For Something Completely Different
Ok, this is pretty much off-topic. But it's about Star Wars and almost weekend without any interesting Supreme Court decisions of late to cover, so hey. Here goes (volume!). And oh, there is of course precedent. Continue reading
Posted Jan 20, 2012 at www.TheDefiningTension.com
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[No. 10] "Truer Words" According to Prof. B.
Check this, linking to this. Continue reading
Posted Jan 9, 2012 at www.TheDefiningTension.com
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[No. 9] --- Breaking News --- Mark The Date! --- Inaugural Lecture of Prof. Steven Hijink ---
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This Friday at 16.00 hrs (Amsterdam time) sharp in the aula at the Erasmus School of Law, my colleague Prof. Steven Hijink will give his inaugural lecture titled: 'Naar een Europees Jaarrekeningrecht".* See you there? See you there! * Pretty... Continue reading
Posted Jan 9, 2012 at www.TheDefiningTension.com
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[No. 8] Report of the MCCG
By "MCCG" I mean the Monitoring Commissie Corporate Governance. I also could have framed it as "DMCCG", D standing for Dutch, but that may be one consonant too many. By "Report" I mean the latest monitoring report by the MCCG,... Continue reading
Posted Jan 9, 2012 at www.TheDefiningTension.com
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[No. 7] Director Remuneration and Allocation of Powers
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Last Friday, the Supreme Court decided a case that turned on the question, whether the supervisory board had the power to grant remuneration to a supervisory director who was fulfilling management director tasks for a certain period. The answer is... Continue reading
Posted Jan 9, 2012 at www.TheDefiningTension.com
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[No. 5] Evolution of Director Liability (Case) Law
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Actually, October 2010 was a busy month for the Institute for Corporate Law. In addition to the Cartesio symposium, a symposium was organized later that month on the evolution of director liability law, with an emphasis on case law developments.... Continue reading
Posted Jan 2, 2012 at www.TheDefiningTension.com
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[No. 4] Cartesio Revisited
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On October 7, 2010, the Institute for Corporate Law organized a symposium on the Cartesio decision of the European Court of Justice. The contributions to that symposium were published in a book that was released on December 22, 2011; this... Continue reading
Posted Jan 2, 2012 at www.TheDefiningTension.com
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[No. 3] TDT @ Twitter
I just added a Twitter module, that will show tweets (mostly links to posts) from TDT (@TheDefTen). Hopefully this makes access to TDT even easier, in addition to the familiar feedburner option. We'll give it a try and see if... Continue reading
Posted Jan 1, 2012 at www.TheDefiningTension.com
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[No. 1] Best Wishes and So Forth
Now that the "oliebollen en appelflappen"* have been consumed, as well as some nice bottles of champagne to mark the beginning of 2012, let's move onwards to new perspectives about corporate law (and related stuff, of course). Also on behalf... Continue reading
Posted Jan 1, 2012 at www.TheDefiningTension.com
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[No. 72] Football and Corporate Law
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Sometimes the two come together, just yesterday in this judgment in an injunction proceeding initiated by Johan Cruyff and 1o-odd Ajax trainers/former football players against Ajax - a listed company - and its supervisory board. Although Cruyff cs claimed victory... Continue reading
Posted Dec 13, 2011 at www.TheDefiningTension.com
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[No. 67] Are Lawyers - and Investors - Rationally Ignorant When It Comes To the Proclaimed Dominance of Delaware Corporate Law?
William Carney, George Shepherd and Joanna Shepherd seem to think so. Here's the abstract. Why does Delaware continue to dominate the market for incorporations even though recent research has shown that the quality of Delaware corporate law has declined substantially?... Continue reading
Posted Nov 1, 2011 at www.TheDefiningTension.com
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[No. 66] More Questions re Emergency Funding and EU Law
This post comes from Floor Eikelboom Since the 2000/2001 Skygate decisions[1] we have seen a steady stream of case law that has become known under the name of emergency funding (in Dutch: noodzaak financiering). According to Doorman the current body... Continue reading
Posted Oct 28, 2011 at www.TheDefiningTension.com
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[No. 65] Stuff About Language
These first months of the academic year, I'm teaching a researchlab in the Corporate Law master. My group of 20+ students and I focus on internal and external liability of actors in the close corporation, like directors (both managing and... Continue reading
Posted Oct 19, 2011 at www.TheDefiningTension.com
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[No. 63] Conflict of Interests
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Last Friday, the Dutch Supreme Court issued another ruling (this time re Weva Consultants/M.E. Beheer; LJN BR0119, available here) about the statutory conflict of interests regime for public and close corporations: s. 2:145/256 DCC, soon to be replaced by s.... Continue reading
Posted Oct 19, 2011 at www.TheDefiningTension.com
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[No. 61] The One-Tier Board
This Tuesday at 16.00 hrs. sharp, Willem Calkoen - a seasoned corporate law practitioner - will defend his doctoral thesis on the one-tier board in the aula of the Erasmus University Rotterdam. His book focuses on this board type in... Continue reading
Posted Oct 8, 2011 at www.TheDefiningTension.com
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[No. 56] Fiduciary Duties in Corporate Law
So I got a mail from Prof. Theo Raaijmakers the other day, with the request to participate in a conference in honor of Delaware Chancery Court's Chancellor Leo Strine, who is this year's Anton Philips Professor. It did not take... Continue reading
Posted Sep 27, 2011 at www.TheDefiningTension.com
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[No. 54] Responsible Shareholdership
In post 36 I mentioned that the Center for European Company Law was hosting a conference on responsible shareholdership. Steef Bartman, who chaired the event that took place on September 16, 2011, sent me the following wrap-up text - which... Continue reading
Posted Sep 26, 2011 at www.TheDefiningTension.com
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[No. 53] Prejudicial Question
So, it has been a while since my last post. Things have been kind of overwhelming on the research front, and the summer break did not help much either I'm afraid. Mea culpa. But I'm back, with good intentions blogging... Continue reading
Posted Sep 26, 2011 at www.TheDefiningTension.com
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