Zack Gubler

Professor at ASU O’Connor College of Law specializing in corporate and securities law

[Zack Gubler @zackgubler]

@CBHessick @AnthonyMKreis @unc_law @AndyHessick Congrats Andy!

[Zack Gubler @zackgubler]

@stacyleeds Thanks, Stacy! Excited to work with you and the law school’s amazing leadership team.

[Zack Gubler @zackgubler]

@LonghornJoker If I may, I think you’re equivocating about the meaning of “creation.” Just because Jesus or anyone is eternal in LDS thought doesn’t mean uncreated. There can be a causa in esse without a causa in fieri. Aquinas would agree I think.

[Zack Gubler @zackgubler]

@PaoloSaguato @uclawjournal @SSRN Looks super interesting, Paolo. Looking forward to reading it.

[Zack Gubler @zackgubler]

@Tony_J_Casey @ProfEricTalley @HoffProf @PrawfBainbridge It’s an interesting point but I think this is why a non-ratable benefit can’t be the only predicate for EF in a controller situation but the benefit must also be at the expense of the minority as per Sinclair. Hard to argue that’s the case with respect to 102(b)(7) and the like.

[Zack Gubler @zackgubler]

@charlesfcapps @shbarclay @UChiLRev Congrats Charlie!

[Zack Gubler @zackgubler]

@ProfRobAnderson I really like Jon’s stuff. (And yours) will definitely check it out. Thanks.

[Zack Gubler @zackgubler]

@ProfRobAnderson Although maybe your argument isn’t bias biased but that their view of the corporation is wrong in that it’s going to lose in the market for corporate law, which is fine but also raises the question of whether law has any normative value independent of the market’s judgment.

[Zack Gubler @zackgubler]

@ProfRobAnderson Looks interesting. But isn’t the disagreement here really that you and Macey just have a different view of the corporation than these judges? They seem to combine a robust director primacy that prevails at times over markets and current stockholders. Doesn’t mean they’re biased.

[Zack Gubler @zackgubler]

@zacharysdavis An incredible book. If you haven’t seen it yet, DBH’s interview with McGilchrist is self-recommending as they say.

[Zack Gubler @zackgubler]

@zacharysdavis Beautiful

[Zack Gubler @zackgubler]

@samuelmoyn Amazing lineup!

[Zack Gubler @zackgubler]

@johnmilbank3 Would you include Bergson in the “realism of creativity”?

[Zack Gubler @zackgubler]

@AAschwartzAA @CLSBlueSkyBlog Nice piece, Andrew.

[Zack Gubler @zackgubler]

And I should have mentioned that the commentary by @AnnMLipton is as usual not to be missed.

[Zack Gubler @zackgubler]

Interesting new opinion on Del. law that discusses a recent article of mine (located here: https://t.co/xbMf7aAs2E). Thanks to @ProfRobAnderson for flagging.

[@[email protected] @AnnMLipton]

was waiting for this opinion re: whether directors owe duties to "diversified" shareholders.

awesome opening, correct as to doctrine, but there's a lot of tension in the doctrine

https://t.co/mN4eHzjr7c

[Zack Gubler @zackgubler]

@AnnMLipton @ProfRobAnderson @JohnJenkins36 That’s why we need you on the court as the designated sec. reg. justice. 😀

[Zack Gubler @zackgubler]

@AnnMLipton @ProfRobAnderson @JohnJenkins36 But the court’s insider trading juris. interprets 10b-5 as prohibiting “pure omissions” (at least in the context of a fiduciary relationship). So surely some aspect of 10b-5 must prohibit pure omissions (unless we’re now to view insider trading as about implicit statements).

[Zack Gubler @zackgubler]

@AnnaNyc6 @AAschwartzAA @ProfEricTalley @OrinKerr I would think underwriters would welcome a decision that ex ante should make private company disclosures more accurate. But I don’t really have a dog in the fight. I was just opining on how securities fraud works.