alt Hacker NewsSo your contention is that a Cornell corporate & business law professor wrote and published a book and ignored all of the de facto case law that disproved their thesis? If so, do you have a rebuttal of the thesis by another subject matter expert that you can offer as a citation?
> Willingly getting sued by hostile shareholders is in itself not acting in the best interest of shareholders
Really? So if I am a hostile shareholder demanding massive workforce reductions so I can get a $1 dividend today, even though this action will make it impossible for anyone to get a $10 dividend tomorrow, it is in the best interest of shareholders for the company to capitulate to my demand? What if other shareholders are employees? Whose best interests are served then?
I’m not contending that the cornell professor is wrong. In fact, quite the opposite really. Perhaps my point wasn’t clear. What I’m saying is that reality is fuzzy enough that a majority of the country’s CEOs (often not lawyers) continue to operate on said myth. There have been enough lawsuits, even if many end up being frivolous, the myth persists. Honestly whether or not it’s written in stone doesn’t actually matter, it’s how executives behave.
Your own citation is basically an acknowledgement of that. In particular:
> “This dogma drives directors and executives to run public firms with a relentless focus on raising stock price. In the quest to “unlock shareholder value” they sell key assets, fire loyal employees, and ruthlessly squeeze the workforce that remains; cut back on product support, customer assistance, and research and development; delay replacing outworn, outmoded, and unsafe equipment; shower CEOs with stock options and expensive pay packages to “incentivize” them; drain cash reserves to pay large dividends and repurchase company shares, leveraging firms until they teeter on the brink of insolvency; and lobby regulators and Congress to change the law so they can chase short-term profits speculating in high-risk financial derivatives.”