Gabriel Rauterberg and Sarath Sanga, ‘Altering Rules: The New Frontier for Corporate Governance’, 42 Yale Journal on Regulation 291 (2025). In ‘Altering Rules: The New Frontier for Corporate Governance’, the non-parties whose interests are to be protected are shareholders. With respect to agreements by some shareholders that alter current corporate governance law’s default arrangements, the authors make the case for rejecting either granting unlimited contractual freedom or imposing mandatory terms, in favor of designing ‘flexible’ bargaining frameworks and environments that ‘can manage the interests of [insider parties] both signatories and non-signatories alike’ (p 316) … (more)
[Robert Rosen, JOTWELL, 18 June 2026]
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