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Bite-Sized Business Law

The Corporate Law Center at Fordham University School of Law
Bite-Sized Business Law
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  • A Corporate Government
    Is American democracy starting to look more like corporate governance? In this episode we unpack the ways in which the language and logic of the boardroom are reshaping our political system to understand what happens when citizens are treated like shareholders and politicians act more like CEOs. Legal scholars Sarah Haan (Brooklyn Law School), Sergio Alberto Gramitto Ricci (Hofstra Law School), and Christina Sautter (SMU Dedman School of Law) explore the tangled history and present-day stakes of shareholder participation, corporate power, and regulatory capture. Join us as we trace how corporate governance evolved from a participatory ideal to a system that actively discourages engagement, especially when women became the dominant shareholder class. Together, we explore Prof. Ricci’s ‘Vitruvian Shareholder’ and ‘Total Governance’ frameworks, Prof. Sautter’s deep dive into corporate law’s origins in 19th-century New Jersey, and Prof. Haan’s compelling argument that corporate democracy is shaping political authoritarianism in real time. Tune in for a timely conversation on the hidden mechanics of power and the future of democratic participation in corporations and beyond!Key Points From This Episode:How corporations shape our lives, even if we don’t play the stock market.Corporations as participatory systems: should we all be engaging?'The Vitruvian Shareholder’ and balancing profit with values.‘Total Governance’ and why shareholder activism is possible (and necessary).Shareholder passivity: how it evolved and why it matters.How corporate meetings have been designed to discourage participation.Gender, power, and the architecture of apathy.From robber barons to Delaware: the origins of regulatory capture.History repeating itself: how today’s shareholder laws mirror 1900s politics.Reasons that shareholder apathy is becoming increasingly inexcusable.How corporate power dynamics spill over into other spheres of civic life.The real model for authoritarian elections: corporate America.Insight into the dangers of modeling political democracy on corporate rule.What is so misleading about the term “shareholder democracy”.Founding the Center for Retail Investors & Corporate Inclusion.Links Mentioned in Today’s Episode:Sarah HaanSergio Alberto Gramitto RicciChristina SautterSarah Haan on LinkedInSarah Haan on XSergio Alberto Gramitto Ricci on LinkedInSergio Alberto Gramitto Ricci on XChristina Sautter on LinkedInChristina Sautter on X‘Archeology, Language, and Nature of Business Corporations’‘The Vitruvian Shareholder’‘The Pathology of Passivity'The Shareholder Democracy Lie''Delaware’s SB21 Continues 150 Years of Corporate Power and Regulatory Capture'
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  • Tesla's Wild Ride with a CEO Who is Too Big to Fail
    Can a CEO be too big to fail? In this episode of Bite-Sized Business Law, we dive into the volatility, legal wrangling, and power dynamics surrounding Elon Musk and Tesla with Ann Lipton, a leading scholar in corporate governance and business law and the Laurence W. DeMuth Chair of Business Law at the University of Colorado Law School. As Tesla’s stock swings wildly, Ann unpacks why Musk’s leadership is both the company’s greatest asset and its biggest liability. We explore the limits of shareholder power, the high-stakes Tornetta compensation case, and the board’s passive stance amid Musk’s increasingly controversial behavior, including his public spat and attempted reconciliation with President Donald Trump. From legal blind spots to governance breakdowns, this episode offers a timely look at how personality, politics, and corporate law collide in today’s markets. To hear what’s next for Tesla (and what it reveals about the future of corporate leadership), tune in today!Key Points From This Episode:From civil rights dreams to securities law reality: Ann’s professional journey.Tesla’s rollercoaster stock volatility explained.Why Musk’s recent political antics spooked shareholders.The board can’t fire him, but can they rein him in?What CEO compensation packages are really for.Signs that the Tesla board is too close to Musk.The next pay package: a major test of board independence.Legal hurdles blocking shareholder lawsuits.How Tesla’s move to Texas weakens corporate accountability.Ways that Musk’s split focus puts Tesla’s future on the line.One CEO running multiple companies: a governance nightmare!Robo-taxis, hype, and the risks of reckless innovation.Links Mentioned in Today’s Episode:Ann LiptonAnn Lipton BlogShareholder Primacy Podcast'The Legitimation of Shareholder Primacy'Ann Lipton on LinkedInAnn Lipton on BlueskyFordham University School of Law Corporate Law Center
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  • From the First State to the Lone Star State: What's Going on with the New Texas Business Court?
    Delaware may still be the gold standard for corporate law, but the Lone Star State is stepping up. In this episode, we explore how Texas is positioning itself as a serious alternative for corporate litigation and incorporation, as companies increasingly reconsider Delaware. Joining us is Michael Holmes, head of litigation at Vinson & Elkins and Vice Chair of the firm, whose practice spans both Texas and the Delaware Court of Chancery. Michael explains how recent legislative changes like SB21 have opened the door for states like Texas to compete, and how Texas is responding with its own business court system. He outlines key structural differences, including jurisdictional thresholds, term limits for judges, and early-stage rulings on director disinterestedness. The conversation covers whether Texas can replicate Delaware’s speed and infrastructure, and why its sheer size may complicate efforts to match Delaware’s efficiency. Michael also reflects on Texas’s emerging legal identity and what it might take to develop a meaningful body of state corporate law. Tune in to learn how Texas is carving out its place in the corporate litigation landscape and what that means for the future of business law!Key Points From This Episode:Some background on Michael Holmes, his career, and how he came to work in litigation.How Texas is positioning itself as a challenger to Delaware for corporate litigation.Michael’s experience litigating in both Delaware and Texas courts.How SB21 could shift litigation dynamics for representative matters.Reflections on adaptability by the plaintiff’s bar and potential new litigation trends.Thoughts on the Dropbox constitutional challenge to SB21.An overview of the new Texas Business Court and how it is structured.Key differences between Texas and Delaware in jurisdiction and judicial terms.Pros and cons of two-year judicial terms in Texas business courts.How Texas is differentiating itself from Delaware and other options, like Nevada.Unpacking whether a large state like Texas can match Delaware’s speed and efficiency.Thoughts on how courts will interpret and develop new statutory frameworks.Why Texas and Delaware may coexist rather than compete exclusively.Links Mentioned in Today’s Episode:Michael HolmesMichael Holmes on LinkedInVinson & ElkinsFordham University School of Law Corporate Law Center
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  • From Cartels to Non-Competes: Talking All Things Competition Law with a Leading Antitrust Lawyer
    When global cartel collusion enters the equation, the best friend a CEO can have is a preeminent lawyer on the frontlines of competition law. Enter John Terzaken, global co-chair of the Antitrust and Trade Regulation Practice at Simpson Thacher and former Director of Criminal Enforcement of the DOJ’s Antitrust Division. With decades of experience navigating the complexities of antitrust enforcement, John breaks down how shifts in political direction between the Biden and Trump administrations affect corporate behavior, enforcement strategies, and legal priorities. He shares insights into the psychology behind collusion, the rise of algorithmic pricing as a legal gray zone, and the changing role of non-compete agreements in the American workforce. Whether you’re a law student, a corporate executive, or just curious about how antitrust enforcement shapes the marketplace, tune in for an expert’s perspective on where US competition law is headed and how businesses can stay compliant in a volatile legal environment!Key Points From This Episode:John’s journey into the antitrust space via the DOJ.Why cartel law targets corporations, not mobsters.How antitrust cases evolve into broader white-collar crime.Unforgettable cases: from criminal trials to a client testifying against his own brother.Algorithmic pricing and AI-driven collusion under Trump.Reasons that consumer goods like eggs and milk will always be in the competition spotlight.Why political winds don’t affect antitrust and competition law as much as other areas.Antitrust enforcement: legal contrasts and common ground between Biden and Trump.How DEI and ESG policies are facing antitrust scrutiny under the Trump administration.What the future holds for non-compete agreements.Why clarity in the law benefits both business and consumers.Understanding the human psychology behind collusion.The global, high-stakes career that antitrust law offers (and how to navigate it).Links Mentioned in Today’s Episode:John TerzakenSimpson Thacher & Bartlett LLPJohn Terzaken on LinkedInThe Paramount Case Study and a Look at Where We Are Headed with Antitrust EnforcementAntitrust Perspectives on the Kroger-Albertsons MergerFordham University School of Law Corporate Law Center
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  • Stories from a Real-Life Financial Sherlock Holmes
    What does it take to catch a fraudster? In this episode of Bite-Sized Business Law, we explore the world of Certified Fraud Examiners (CFEs), the experts who investigate wrongdoing across corporations, government agencies, and beyond. Our guest is John Gill, President of the Association of Certified Fraud Examiners (ACFE), who began his journey with the organization over 30 years ago as general counsel. A global authority on fraud prevention, John has trained Fortune 500 companies, advised governments, and taught on six continents. He breaks down the three major types of occupational fraud (asset misappropriation, corruption, and financial statement fraud) and shares real-world cases that reveal just how easily internal controls can fail. From employees wiring millions to their personal accounts to fake audit reports going unquestioned, John shows how fraud often thrives on trust, opportunity, and rationalization. He also unpacks how AI is being used in the fight against fraud and what kind of mindset makes a great CFE. Tune in to learn how CFEs help safeguard financial integrity, and what it really takes to spot the red flags before it’s too late!Key Points From This Episode:John Gill shares his path from law school to leading the ACFE.How a love of consumer protection led John to fraud prevention.Ways that CFEs think like detectives and spot red flags that others overlook.What led to the founding of the ACFE in the late 1980s.A breakdown of the three major types of occupational fraud.How 5% of revenue is lost annually to occupational fraud.Real-world cases: $22M stolen from Citigroup and $9M from ING with minimal oversight.The importance of internal controls and how they often fail.Why first-time fraudsters rarely stop at just one offense.What drives fraud: pressure, opportunity, and rationalization.How fraudsters exploit weak audit processes and personal trust.The use of cryptocurrency in laundering stolen funds.AI’s growing role in fraud detection and its limitations.Key traits that make someone well-suited to become a CFE.Why CFEs often face resistance, even inside their own organizations.Reflections on the global mission to detect and prevent fraud, from Arkansas to Dubai.Links Mentioned in Today’s Episode:Association of Certified Fraud Examiners (ACFE)John GillJohn Gill on LinkedInAmelia Martella on LinkedInFordham University School of Law Corporate Law Center
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Sobre 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.
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