Increasingly, corporations following the idea of a firm as a nexus of contracts have relied on a contractual paradigm to craft contracts to engage in private ordering as a means of customizing corporate governance. Some of these contractual variations are permitted by statute.
In other cases, these private contracts may diverge from the corporate governance rules that might otherwise govern and might violate mandatory common law doctrines. Therefore, these agreements may create conflicts with corporate law structures, raising a number of issues as to what deviations should be permitted. Within this arena of private ordering and its limitations, a number of interesting topics exist.
These topics will be discussed in the George A. Leet Business Law Symposium taking place Friday, Nov. 4, from 8:30 a.m. to 3 p.m. at Case Western Reserve University School of Law. The symposium will consider the following topic: “Corporate Law and Private Ordering: What are the Limits and What Framework Should Guide Decisions on Private Ordering?”