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Bite-Sized Business Law
The Corporate Law Center at Fordham University School of Law
81 episodes
5 days ago
Should we still be referring to corporate directors and officers as fiduciaries? During this episode, we challenge one of the bedrock assumptions of corporate law: that corporate officers and directors act as fiduciaries. Turns out they don’t, according to today’s guest. Their decisions, protected by the business judgment rule, made with limited liability and free to contract around, reflect something closer to discretion than duty. Marc Steinberg, the Rupert and Lilian Radford Chair in Law a...
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All content for Bite-Sized Business Law is the property of The Corporate Law Center at Fordham University School of Law and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Should we still be referring to corporate directors and officers as fiduciaries? During this episode, we challenge one of the bedrock assumptions of corporate law: that corporate officers and directors act as fiduciaries. Turns out they don’t, according to today’s guest. Their decisions, protected by the business judgment rule, made with limited liability and free to contract around, reflect something closer to discretion than duty. Marc Steinberg, the Rupert and Lilian Radford Chair in Law a...
Show more...
Business
Education,
News,
Business News
Episodes (20/81)
Bite-Sized Business Law
The Corporate Fiduciary Fallacy
Should we still be referring to corporate directors and officers as fiduciaries? During this episode, we challenge one of the bedrock assumptions of corporate law: that corporate officers and directors act as fiduciaries. Turns out they don’t, according to today’s guest. Their decisions, protected by the business judgment rule, made with limited liability and free to contract around, reflect something closer to discretion than duty. Marc Steinberg, the Rupert and Lilian Radford Chair in Law a...
Show more...
5 days ago
38 minutes

Bite-Sized Business Law
The End of Quarterly Reporting?
Challenging the long-established bedrock of U.S. financial regulation, a proposed rule change to shift public companies from mandatory quarterly reporting to a semiannual schedule has reignited a critical debate over corporate efficiency, investor demands, and the core philosophy of corporate governance. Is this the end of quarterly reporting? Joining host Amy Martella once again is James (Jim) Park, professor of law and the director of community quality and justice at UCLA Law School. In his...
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2 weeks ago
27 minutes

Bite-Sized Business Law
The Index Revolution: How One Heretical Idea Changed Investing Forever
Index funds may seem like a no-brainer today, but they were once dismissed as boring and even reckless. In this episode of Bite-Sized Business Law, host Amy Martella is joined by Robin Wigglesworth, global financial correspondent for the Financial Times, where he serves as the editor of Alphaville, and author of Trillions, to trace the unlikely rise of passive investing and what its future holds. Robin recounts how renegade academics and innovators built the first index funds, challenged Wall...
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1 month ago
55 minutes

Bite-Sized Business Law
Trillion Dollar Man
If you thought $56 billion was a big payday for Elon Musk, you won’t believe the new proposal: $1 trillion. What does that type of incentive package even look like and how will shareholders and the public react to the largest CEO payday in history? Ann Lipton, Laurence W. DeMuth Chair of Business Law at the University of Colorado Law School, breaks down Tesla’s unprecedented $1 trillion pay package, starting with the backstory of Musk’s 2018 $56 billion compensation plan, the Delaware litigat...
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1 month ago
28 minutes

Bite-Sized Business Law
Whistleblowing Protection 15 Years after Dodd-Frank
It’s been 15 years since the Dodd-Frank Act reshaped financial regulation in the aftermath of the 2008 financial crisis. Among its most impactful legacies are its whistleblower protections. Joining us to explore this topic is Dave Jochnowitz, a Partner at Outten & Golden and the Co-Chair of the firm’s Whistleblower and Retaliation Practice group. He is a frequent writer, speaker, and contributor to the Whistleblower community. During this conversation, we trace the evolution of whis...
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2 months ago
36 minutes

Bite-Sized Business Law
The Profit Problem: An Open Letter to OpenAI
Should profit be part of the calculation in developing safe AI? The future of artificial general intelligence (“AGI”) hinges on how well we balance innovation with safety. In this episode, Tyler Whitmer, founder, president, and CEO of Legal Advocates for Safe Science and Technology (LASST), talks about his work to protect OpenAI’s original mission to ensure AGI is safe and benefits all of humanity. Drawing on his background as a commercial litigator and nonprofit leader, Tyler explains why Op...
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2 months ago
37 minutes

Bite-Sized Business Law
Inside the Rust Lawsuit with Production’s Lead Counsel
What happens when a high-stakes legal case collides with tragedy, headlines, and the film industry? In this episode of Bite-Sized Business Law, Melina Spadone, General Counsel at Thomasville Pictures and lead counsel for the Alec Baldwin film Rust, shares how she was unexpectedly thrust into one of the most publicized lawsuits in recent memory following the accidental on-set shooting that killed cinematographer Halyna Hutchins and sparked national outrage. From managing fractured legal teams ...
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2 months ago
31 minutes

Bite-Sized Business Law
Debt Spiral: Why The Big Beautiful Bill Won't Fix the Big, Ballooning Deficit
The U.S. just added another $5 trillion to its borrowing capacity, thanks to President Trump’s new bill. While this move may ease short-term pressure, it raises deeper questions about debt, inflation, and economic stability. In this episode we welcome back Richard Squire, Professor of Business Law at Fordham Law School and faculty director of the Corporate Law Center, to unpack the deeper implications of the “One Big Beautiful Bill Act”. We explore how the U.S. deficit ballooned to over 100% ...
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3 months ago
37 minutes

Bite-Sized Business Law
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...
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3 months ago
43 minutes

Bite-Sized Business Law
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 shar...
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4 months ago
27 minutes

Bite-Sized Business Law
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 S...
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4 months ago
24 minutes

Bite-Sized Business Law
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...
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5 months ago
31 minutes

Bite-Sized Business Law
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 go...
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5 months ago
47 minutes

Bite-Sized Business Law
The First Constitutional Challenge to SB21, Delaware's Superpower, and Gearing up for Another Legislative Debate
The controversy surrounding Delaware’s Senate Bill 21 (SB21) is far from over. In this episode, we examine a major new legal challenge that raises fundamental questions about the democratic process and the enduring power of Delaware’s Court of Chancery. Joining us is Anthony Rickey, founding partner of Margrave Law, whose boutique practice centers on fiduciary duties and shareholder litigation. With his perspective from the front lines, Anthony offers valuable insight into what the Dropbox di...
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6 months ago
36 minutes

Bite-Sized Business Law
It's All In Your Head: Understanding the Human Behavior Driving Corporate Decision Making, Risk Management, and Legal Advice
No one goes to law school to become a psychologist, yet every lawyer eventually faces deeply human questions. Why is my client making this decision? What do they really need from me? How will this advice land? In this episode of Bite-Sized Business Law, we explore how behavioral science can help answer those questions with guest Nitish Upadhyaya, Director of Behavioral Insights at Ropes & Gray. Nitish leads the firm’s award-winning Insights Lab, where he transforms insights from behaviora...
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6 months ago
33 minutes

Bite-Sized Business Law
The Paramount Case Study and a Look at Where We Are Headed with Antitrust Enforcement
With each new administration, businesses brace for shifts in antitrust enforcement. What’s changing now, and what’s next? In this episode, we examine the current landscape and future trends. To break it all down, we’re joined by Stephen Fishbein, a leading trial lawyer and partner at A&O Shearman in New York City, who has tackled some of the biggest antitrust cases in recent history. As a case study, we examine the 2022 trial in which the Department of Justice (DoJ) sought to block the me...
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7 months ago
44 minutes

Bite-Sized Business Law
The Devil in the Details in the Delaware Debate over SB21
First, there was Brexit, now, there’s DExit. Is Delaware at risk of losing its status as the undisputed leader in general corporation law? Senate Bill 21 (SB21) has sparked a fierce debate: some see it as a major overhaul of Delaware’s legal framework, while others believe it’s a necessary fix to prevent companies from reincorporating elsewhere. Fordham Law professors Sean Griffith and Richard Squire explore the major changes that SB21 will usher in, their impact on both long-standing Delawar...
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7 months ago
45 minutes

Bite-Sized Business Law
Criminal Investors
Investors hold a special place in American hearts. Even those who invest in law-breaking firms are treated as victims rather than actors who may bear some responsibility for the harm those firms cause. Is it time to change this perspective? And if so, what are the risks and benefits inherent in such a seachange? Today, we are joined by Associate Professor of Law at Emory School of Law, Andrew Jennings, whose latest paper, ‘Criminal Investors’, serves as the basis for our discussion. Hear Andr...
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8 months ago
33 minutes

Bite-Sized Business Law
The Healthcare Sector Looks to Legal Finance in the Face of Insurance Payout Power Struggles
What is driving disputes in the business of healthcare, and how should providers and other parties handle the growing range of legal claims? Amidst renewed interest in healthcare in America, these are the questions we unpack today with the help of our guest, the Senior Vice President at Burford Capital, Charles Griffin. Charles has a background in litigation and finance, and he begins by walking us through his career trajectory from law school to now. Then, our conversation explores Burford’s...
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8 months ago
29 minutes

Bite-Sized Business Law
What Can We Learn from Ancient Business Organizations?
Business structures may seem like a modern invention, but their roots stretch back to ancient civilizations. In this episode, we explore the origins of trade and commerce with Barry Hawk, whose latest book, Family, Partnerships and Companies: From Assur to Amsterdam, uncovers how early societies shaped the way we do business today. In addition to being an author, Barry has had a long and successful career as an antitrust lawyer: he was a partner at Skadden for two decades, worked as the head ...
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9 months ago
45 minutes

Bite-Sized Business Law
Should we still be referring to corporate directors and officers as fiduciaries? During this episode, we challenge one of the bedrock assumptions of corporate law: that corporate officers and directors act as fiduciaries. Turns out they don’t, according to today’s guest. Their decisions, protected by the business judgment rule, made with limited liability and free to contract around, reflect something closer to discretion than duty. Marc Steinberg, the Rupert and Lilian Radford Chair in Law a...