Bite-Sized Business Law

When corporations face social questions faster than lawmakers can answer them, who makes the rules guiding those decisions? On this episode of Bite-Sized Business Law, Stavros Gadinis, the George R. Johnson Professor of Law and Faculty Director of the Berkeley Center for Law and Business, discusses his new book, Corporate Ordering: How Corporations Navigate Social Conflict. Stavros provides fascinating examples from household private sector companies who were forced to shape the rules of their industries way before the government moved. What are the benefits and pitfalls of letting corporations figure out what standards should govern them, and then having the governments simply adopt their frameworks? Can companies really exercise this influence responsibly before public oversight catches up? Tune in to hear Stavros’s opinion on these questions, why these decisions matter far beyond the boardroom, and how lawyers can help companies make the best decisions available.

Key Points From This Episode:

• Discover why social conflicts expose a gap in the business judgment rule.
• Unpack what corporate ordering means when business choices become rules for everyone.
• Uncover how corporate business practices have influenced public law.
• Hear examples of how innovation outpaced regulation and how it affected the law from Uber, Lyft, Microsoft, and more.
• Explore what Stavros’s conversations with AI companies reveal about regulation.
• Consider what it takes to create meaningful and effective deliberation.
• Learn why Stavros wants boards’ decision-making process reflected in fiduciary duties.
• Understand how his proposal would fit within the business judgment rule.
• Why corporate rulemaking matters even if you never serve on a board.
• Advice on what lawyers can do to help companies navigate tough decisions.

Links Mentioned in Today’s Episode:

Stavros Gadinis

Stavros Gadinis on LinkedIn

Corporate Ordering: How Corporations Navigate Social Conflict

Stavros Gadinis on his Corporate Ordering Book

Berkeley Center for Law and Business

Fordham University School of Law Corporate Law Center

Ethical lines are not always crossed in one dramatic leap. Sometimes pressure, culture, and ambition make each small compromise easier to justify. In today’s episode Tom Hardin, author of Wired on Wall Street and the former FBI informant known as Tipper X, discusses his journey from young hedge fund analyst to cooperating witness in a major insider trading investigation. Tom explains how, during his time in the hedge fund world, information advantages were rewarded, why the line between mosaic research and material nonpublic information could feel blurry, and how one phone call led to tipping, four illicit trades, and only $46,000 in personal gain that cost him his career. He recounts being approached by the FBI, deciding to cooperate, and living with the consequences. Amy and Tom also discuss the fraud triangle, the warning signs of cultures that create conditions for misconduct, why lawyers handling confidential deal information must understand their role as gatekeepers, and how prediction markets may create new risks for informed trading. Hear Tom’s candid reflections on pressure, accountability, and what it takes to rebuild after crossing the line.

Key Points From This Episode:

• How Tom Hardin entered the hedge fund world as a young analyst.
• Why the line between research and material nonpublic information can feel blurry.
• The phone call that led to tipping, four illicit trades, and lasting consequences.
• What happened when the FBI approached Tom and asked him to cooperate.
• Why Tom wishes he had called a lawyer as soon as the FBI approached him.
• How the fraud triangle (pressure, opportunity, and rationalization) shapes ethical compromise.
• Warning signs that an organization is creating conditions for misconduct.
• Why lawyers handling confidential deal information are important gatekeepers.
• The need for law firms and law schools to strengthen training on insider trading risks.
• How prediction markets may create new risks for informed trading.
• Tom’s reflections on accountability, redemption, and the “integrity gap.”

Links Mentioned in Today’s Episode:

Tom Hardin on LinkedIn

Tipper X

Wired on Wall Street

Raj Rajaratnam Convicted 

Fordham University School of Law Corporate Law Center

As climate change increasingly reshapes the way we live and do business, companies are facing a new reality: adapting to environmental risk is no longer optional. But alongside the challenges are significant opportunities. In this episode, Adam Orford, associate professor of environmental law and policy at Fordham Law School, explores the growing intersection of business law and climate change, and what it means for the future of business. We examine whether businesses may have more power than governments to drive meaningful environmental change and the growing international demand for clean energy. Adam also considers the potential role of nuclear energy in addressing climate change, and why climate concerns extend far beyond traditional environmental policy. From the environmental costs of war to the rapid expansion of AI and data centers, Adam explores the unexpected ways business, technology, and geopolitics intersect with the climate crisis. Ultimately, we consider how climate change concerns all of us, and why collective action remains one of the biggest obstacles to meaningful solutions. Tune in for this fascinating discussion.

Key Points From This Episode:

• The moment in environmental law and business that we are currently living through.
• How Adam Orford honed his expertise in environmental law and policy.
• Who he represented while practicing corporate law: energy developers, non-profits, and governments.
• Do businesses have more power to protect the environment than the government? 
• The growing international demand for clean energy.
• Considering the actual impact of environmentally friendly business practices. 
• How nuclear energy development is beneficial to climate change.
• Why war is linked with climate change — the short- and long-term environmental cost.
• What we really have to be concerned about with AI.
• How data centres affect the environment.
• Considering the most optimal response to the threat posed by data centers.
• The democratic discourse that has emerged in response to the AI conversation.
• Why climate change concerns every state and nation.
• How collective action challenges prevent climate change solutions.

Links Mentioned in Today’s Episode:

Adam Orford

Adam Orford Fordham Law

Adam Orford LinkedIn

Article on COP29 UN Convention

Fordham University School of Law Corporate Law Center

When every mass-tort claimant has the same voting power, can bankruptcy still deliver a fair settlement? In this episode of Bite-Sized Business Law, we welcome Wake Forest Law Professor Samir Parikh and Fordham Law Professor Richard Squire to examine how claimant farming can distort mass tort bankruptcies. Samir is a nationally recognized expert in mass tort restructurings and editor-in-chief of the Bloomberg Law Bankruptcy Treatise, and Richard is an expert in bankruptcy and corporate restructuring. Together, they explain why the vote is meant to restore agency to victims and how the current system can undermine that promise. They discuss traditional voting rules and the nominal one-dollar valuation approach used when courts face tens of thousands of uncertain claims. Samir and Richard unpack how low-value or nonmeritorious claims, weak powers of attorney, and third-party litigation finance can combine to outweigh stronger claims. They also explore why bankruptcy remains attractive for mass tort resolution, where its safeguards are breaking down, and what courts and lawmakers can do before the next wave of claims arrives. Tune in to discover who benefits from the current system, who risks being left behind, and how mass tort bankruptcy voting can better protect the claimants who have suffered the most.

Key Points From This Episode:

• Discover why voting is vital to claimant agency in mass tort settlements.
• Learn how Chapter 11 voting balances the number and value of claims.
• Explore why courts give mass tort claims a nominal one-dollar value.
• Uncover how courts determine whether claims are meritorious.
• Examine why claimants owed no recovery should be treated as rejecting a plan.
• Consider when attorneys have the authority to vote for their clients.
• Understand how third-party litigation finance can increase the number of weak claims.
• Hear about Samir’s proposed solutions for filtering claims and improving voting.
• See how claimants could challenge a decision under his proposed AI review process.
• Find out how bellwether trials could help courts value representative claims.
• Compare bankruptcy with multidistrict litigation and individual trials for resolving mass torts.
• Whether proposed legislation addresses the problems in mass tort bankruptcies.

Links Mentioned in Today’s Episode:

Samir Parikh

Samir Parikh on LinkedIn

Richard Squire

Richard Squire on LinkedIn

'Mass-Tort Voting Takes Center Stage'

Brook Gotberg on The Price of “Global Peace” in Purdue Pharma

Brook Gotberg and Richard Squire on Purdue Pharma II

Fordham University School of Law Corporate Law Center

Welcome to the 100th episode of the Bite-Sized Business Law podcast! In celebration of this milestone, the president of Fordham University, Tania Tetlow, joins us to discuss the business of running a university. Tuning in, you’ll hear all about President Tetlow’s life, her professional background, how running a university is similar to running a business, her mission-driven role, and more! She goes on to discuss the importance of pulling leadership from within faculty ranks before talking about how educational institutions can stay agile in an unpredictable world while maintaining their core principles. We even touch on the Pope’s insightful letter about artificial intelligence. Finally, President Tetlow shares the biggest challenge she has faced in her role so far and leaves law students interested in business with some important advice about the potential impact they can make in the world. 

Key Points From This Episode:

• Welcoming President Tania Tetlow to the show and an overview of her journey.
• How her career and upbringing prepared her to run a university. 
• The similarities between running a business and running a university. 
• Mission-driven educational leadership versus business management. 
• How she trains faculty to run the university smoothly.
• What higher education needs to do to stay agile in the face of political pressure, social media, and a shifting workplace due to AI. 
• President Tetlow’s thoughts on the Pope’s letter about artificial intelligence. 
• The biggest challenge President Tetlow has faced at Fordham University.
• Advice for business law students about their ability to make an impact.

Links Mentioned in Today’s Episode:

Tania Tetlow

Office of the President

Tania Tetlow on LinkedIn

Pope Leo's Encyclical on AI

Fordham University School of Law Corporate Law Center

South Dakota has turned itself into the ‘trust fund capital’ of America, and the system is thriving financially. Some proponents say the South Dakota trust fund regime is absolutely necessary for those with mega-wealth, but others argue that it’s eroding the American tax base, enabling the hollowing out of the middle class, and defying the trust Teddy Roosevelt knew Americans had in each other. Author and investigative journalist Leah McGrath Goodman unpacks her report, ‘Inside America’s Race to Hide the World’s Money.’ Tuning in, you’ll hear all about Leah’s life and career, where the estate tax originated in the US, what a trust is, why South Dakota started trying to attract wealthy individuals to direct their money there, and more. We delve into how people who don’t actually live in the state can take advantage of its tax system before discussing the benefits of South Dakota’s privacy laws. Leah goes on to touch on the biggest concerns she uncovered when reporting about the South Dakota trust machine, and she shares some potential solutions to these issues. Finally, our guest tells us what other states are trying to ‘copy’ South Dakota’s structure. Tune in now for this fascinating discussion! 

Key Points From This Episode:

• Introducing Leah McGrath Goodman and an overview of her background. 
• The history of the estate tax in the US and what a trust actually is. 
• What motivated South Dakota to attract wealthy people to direct their money there. 
• How people who don’t live in South Dakota can take advantage of this system. 
• A breakdown of some of South Dakota’s privacy laws and how they’re beneficial. 
• What South Dakota, as a state, gains from utilizing a system like this. 
• The main concerns that arose in Leah’s reporting about the SD trust system.
• A few of the benefits of the South Dakota trust empire on the economy as a whole.
• Leah breaks down some potential solutions to some of these issues.  
• Who originally came up with this structure and which states are trying to emulate it too.

Links Mentioned in Today’s Episode:

Leah McGrath Goodman

Leah McGrath Goodman on LinkedIn

'Inside America’s Race to Hide the World’s Money'

Fordham University School of Law Corporate Law Center

How do you put a price on companies that could reshape entire industries? Today on Bite-Sized Business Law, we welcome ‘the Dean of Valuation,’ Professor Aswath Damodaran, to explain the methods behind the valuations of large companies. Tuning in, you’ll hear all about how price and value differ, the importance of taking ownership of your decisions as an investor, how Professor Damodaran has valued SpaceX and why it has been valued so high. We delve into the wild valuations of AI and the effects of the technology on society, before discussing how to invest in an industry that might have no good outcome. Professor Damodaran even touches on the future of AI in law and shares his thoughts on how AI can be compared to the dot-com bubble. Finally, our guest shares his hopes and concerns for the future of technology and challenges listeners to rediscover their capacity to think outside the box. You don’t want to miss this one, so be sure to press play now! 

Key Points From This Episode:

• Welcoming Professor Aswath Damodaran to the show. 
• The difference between value and price, and his valuation of SpaceX. 
• An explanation of how and why SpaceX has been valued so high. 
• The potential problems SpaceX may face and the advantages it has. 
• Why AI has as much value as it does, and the cost of use and production. 
• Some detrimental effects AI may have, and how to invest considering that. 
• The future role of AI in law and lawmaking, in our guest’s opinion. 
• Professor Damodaran shares his thoughts on comparing AI to the dot-com bubble. 
• Why he’s hopeful about the future, and what technological factors concern him.  
• How Professor Damodaran’s teaching has had to change because of these issues. 

Links Mentioned in Today’s Episode:

Aswath Damodaran 

Aswath Damodaran at NYU

Aswath Damodaran on LinkedIn

Aswath Damodaran on YouTube

The Aswath Damodaran Bot

Another Aswath Damodaran Bot

Professor Damodaran's Blog Post on his AI Bot: Beat Your Bot

Professor Damodaran's Blog Post on his AI Bot: The Imitation Game

Professor Damodaran's Blog Post on his AI Bot: AI Scenarios  

Fordham University School of Law Corporate Law Center

Prediction markets are surging in popularity, allowing users to bet on everything from elections and military action to awards and celebrity news. But when traders have information the rest of the market does not, where is the line separating useful forecasting from unlawful conduct? In this episode of Bite-Sized Business Law, we speak with Joshua Mitts, the David J. Greenwald Professor of Law at Columbia Law School, about the legal questions surrounding informed trading in prediction markets. Joshua is the co-author of ‘From Iran to Taylor Swift: Informed Trading in Prediction Markets,’ which examines suspicious trading patterns across prediction platforms. Joshua explains how prediction markets work, why informed traders help them produce meaningful results, and when an information advantage becomes legally or socially concerning. He walks through case studies involving suspicious trading across national security, politics, major institutions, and celebrity news, and how confidential information can create major profits while also threatening national security, privacy, and institutional integrity. We also explore why traditional insider trading law does not apply to these markets, how the misappropriation doctrine may apply, and why anonymous blockchain wallets make enforcement difficult. Tune in to explore where prediction markets are heading and whether the law can keep up.

Key Points From This Episode:

• Introducing Joshua Mitts and his research on informed trading in prediction markets.
• Learn what prediction markets are and how their event contracts work.
• How blockchain technology has made prediction platforms more accessible.
• Discover the difference between informed trading and traditional insider trading.
• Hear why informed traders are vital for prediction markets to function.
• What made the trading before the U.S. attack on Iran seem unusually well-timed.
• Explore why the case studies in his paper raise concerns beyond national security.
• Discover how prediction markets can incentivize hacking and illegal data trading. 
• Unpack why existing insider trading laws do not apply easily to prediction markets.
• Why prediction markets make illegal trading difficult to investigate and prosecute.
• Find out how identity checks and greater platform oversight could help regulators.
• Uncover why bans are not the solution and what upcoming legislation would change.

Links Mentioned in Today’s Episode:

Joshua Mitts

Joshua Mitts on LinkedIn

Joshua Mitts on X

‘From Iran to Taylor Swift: Informed Trading in Prediction Markets’

Polymarket

Kalshi

Fordham University School of Law Corporate Law Center

The debate over ExxonMobil’s new retail investor voting program is raising important questions about shareholder participation and corporate power. In this episode of Bite-Sized Business Law, we examine ExxonMobil’s new approach to retail shareholder voting, which supporters say gives retail investors a stronger voice, while critics argue it could consolidate management power and limit the influence of activist investors. Christina Sautter, Associate Dean for Research and Professor of Law at the SMU Dedman School of Law, explains how the program is designed to address low participation among retail investors and how it works in practice. She discusses the promise of greater participation, while also examining why engagement may not actually increase, the risk of investor inertia, and the concentration of managerial power. The conversation also explores Exxon’s move to Texas, the implications for shareholder rights, and why other companies may adopt similar voting programs. Tune in for a closer look at one of the most controversial developments in shareholder voting.

Key Points From This Episode:

• Introducing Christina Sautter and Exxon’s new retail voting program.
• The challenge of low retail investor engagement in shareholder voting.
• A breakdown of how Exxon’s new retail voting program works.
• Discussing whether the program increases engagement or simply increases votes cast.
• Unpacking concerns about shareholders voting before seeing meeting agendas.
• Criticism that the program creates a permanent pro-management voting bloc.
• Exxon’s response to criticism of the program.
• The connection between the voting program and Exxon’s move to Texas.
• How Texas corporate laws could affect future shareholder rights.
• Why Christina expects other public companies to adopt similar programs.
• Existing legal challenges and the future of shareholder democracy.

Links Mentioned in Today’s Episode:

Christina Sautter

Christina Sautter on LinkedIn

Christina Sautter on X

NYC Comptroller Letter

ExxonMobil's Response

‘The Shareholder Democracy Lie’

Fordham University School of Law Corporate Law Center

The recent changes the U.S. Securities and Exchange Commission (SEC) has made have shaken up the public market in a way that could permanently reshape the balance of power between companies and investors. Today on the Bite-Sized Business Law Podcast, we welcome Walker Newell to discuss the SEC’s big reset and its effects on investors, businesses, and their advisors. In this conversation, you’ll hear all about Walker’s career, his time at the SEC, and his unexpected foray into D&O insurance. We delve into the shareholder proposal rules and how things have changed before discussing the SEC’s new proposal to end quarterly reporting and how Walker thinks companies will react. We then discuss the mandatory securities arbitration issue and what companies must consider before adopting such a clause. Finally, Walker talks about future developments within this area and shares advice for young professionals about how his time working in government informed and influenced the rest of his career. Thanks for tuning in! 

Key Points From This Episode:

• Welcoming Walker Newell to the show. 
• A brief overview of his background and his time at the SEC. 
• Walker breaks down the shareholder proposal rules. 
• What has changed within the SEC this year after the shutdown. 
• Walker tells us about the brand-new proposal the SEC put out regarding quarterly reporting. 
• What the Mandatory Securities Arbitration issue is and how companies should be thinking about it.
• Finding a balance between shareholders and management. 
• How Walker’s time at the SEC influenced his career. 

Links Mentioned in Today’s Episode:

Walker Newell on LinkedIn

SEC Comment Page for Semiannual Reporting Proposal 

Fordham University School of Law Corporate Law Center