Shareholder empowerment through voting reshapes corporate takeover landscape.
The article "Taking Corwin Seriously" discusses how shareholder empowerment in corporate law may not always prevent insider overreaching in friendly sales. Shareholder approval is almost guaranteed for deals with a premium over market price. Shareholders now rely on financial intermediaries and activist hedge funds to protect their interests. The presence of activist hedge funds before a sale can lead to improved company performance and increased shareholder value. This suggests a need to reevaluate the effectiveness of shareholder votes in takeover situations.