Institutional investor activism : hedge funds and private equity, economics and regulation / edited by William W. Bratton and Joseph A. McCahery.
2015
HG4530 .I448 2015 (Map It)
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Details
Title
Institutional investor activism : hedge funds and private equity, economics and regulation / edited by William W. Bratton and Joseph A. McCahery.
Published
Oxford, United Kingdom : Oxford University Press, 2015.
Copyright
©2015
Call Number
HG4530 .I448 2015
Edition
First edition.
ISBN
9780198723943 (pbk.)
0198723946 (pbk.)
9780198723936 (hbk.)
0198723938 (hbk.)
0198723946 (pbk.)
9780198723936 (hbk.)
0198723938 (hbk.)
Description
xxxi, 781 pages : illustrations ; 25 cm
System Control No.
(OCoLC)884817927
Summary
The role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research companies, take large positions in their stock, criticize their business plans and governance practices, and confront their managers, demanding action enhancing shareholder value. This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves. Chapters examine such topic as investors' strategic approaches, the financial returns they produce, and the regulatory frameworks within which they operate. The chapters also provide historical context, both of activist investment and institutional shareholder passivity. The volume facilitates a comparison between the US and the EU, juxtaposing not only regulatory patterns but investment styles.-- Back cover.
Note
"This volume emerged out of a March 2007 Conference on Activist Investors, Hedge Funds and Corporate Governance, organized by the University of Amsterdam Center for Law and Economics, Vanderbilt University School of Law, and the European Corporate Governance Institute in Amsterdam"--Page v.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
List of Figures
xiii
List of Tables
xv
Table of Cases
xix
List of Contributors
xxiii
1.
Introduction / Joseph A. McCahery
1
pt. I
DISEMPOWERED SHAREHOLDER
2.
Evolution of Shareholder Activism in the United States / Laura T. Starks
39
3.
Myth of the Shareholder Franchise / Lucian A. Bebchuk
72
4.
Shareholder Activism through Proxy Proposals: The European Perspective / Peter G. Szilagyi
105
pt. II
HEDGE FUND ACTIVISM
A.
Patterns and Policy Questions---Dark Sides and Light Sides
5.
Hedge Funds in Corporate Governance and Corporate Control / Edward B. Rock
151
6.
Rise and Fall (?) of Shareholder Activism by Hedge Funds / Brian Cheffins
206
B.
Ownership Stakes, Operating Results, and Financial Returns
7.
Returns to Shareholder Activism: Evidence from a Clinical Study of the Hermes UK Focus Fund / Stefano Rossi
223
8.
Hedge Fund Activism, Corporate Governance, and Firm Performance / Randall S. Thomas
261
9.
Entrepreneurial Shareholder Activism: Hedge Funds and Other Private Investors / Emanuel Zur
305
C.
Strategic Holding versus Collective Interest: Empty Voting and Bankruptcy Reorganization
10.
Debt, Equity, and Hybrid Decoupling: Governance and Systemic Risk Implications / Bernard S. Black
349
11.
Antibankruptcy / Robert K. Rasmussen
400
12.
Hedge Funds and Chapter 11 / Wei Wang
441
pt. III
PRIVATE EQUITY AND CORPORATE GOVERNANCE
A.
Structure and Motivation
13.
Leveraged Buyouts and Private Equity / Per Stromberg
491
B.
How has Private Equity Performed?
14.
Performance of Buyout Funds Revisited / Ludovic Phalippou
519
pt. IV
REGULATORY FRAMEWORK
A.
Structural Treatment of Hedge Funds and Private Equity: Investor Protection and Systemic Risk
15.
Hedge Fund Regulation and Governance / Sofia A. Johan
549
16.
Limits of EU Hedge Fund Regulation / Dan Awrey
582
17.
Recasting Private Equity Funds after the Financial Crisis: The End of `Two and Twenty' and the Emergence of Co-Investments and Separate Accounts / Erik P. M. Vermeulen
599
B.
Regulation and the Costs and Benefits of Shareholder Activism
18.
Law and Economics of Blockholder Disclosure / Robert J. Jackson, Jr.
617
19.
Destructive Ambiguity of Federal Proxy Access / Jill E. Fisch
636
C.
Law Reform: The Burden of Persuasion
20.
Hedge Fund Activism: What Do We Know and Not Know? / John C. Coffee, Jr.
693
21.
Case against Shareholder Empowerment / Michael L. Wachter
707
Index
769