David H. Webber

Boston University School of Law

Professor of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

21

DOWNLOADS

7,104

SSRN CITATIONS

21

CROSSREF CITATIONS

10

Scholarly Papers (21)

1.

Shareholder Value(s): Index Fund ESG Activism and the New Millennial Corporate Governance

93 Southern California Law Review (Forthcoming 2020) , European Corporate Governance Institute - Law Working Paper 545/2020
Number of pages: 80 Posted: 22 Aug 2019 Last Revised: 19 Mar 2021
Michal Barzuza, Quinn Curtis and David H. Webber
University of Virginia School of Law, University of Virginia School of Law and Boston University School of Law
Downloads 2,197 (12,183)
Citation 18

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Index Funds, Shareholder Activism, Diversity, Millennials, maximizing shareholder value, corporate governance, corporate finance

2.

The Millennial Corporation: Strong Stakeholders, Weak Managers

Stanford Journal of Law, Business, and Finance, 2023
Number of pages: 51 Posted: 10 Sep 2021 Last Revised: 08 Aug 2023
Michal Barzuza, Quinn Curtis and David H. Webber
University of Virginia School of Law, University of Virginia School of Law and Boston University School of Law
Downloads 1,315 (26,817)
Citation 2

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ESG, CEO incentives, Socially Responsible Investing, Shareholder Activism, Diversity, Millennials, maximizing shareholder value, corporate governance, corporate finance, hedge funds

3.

The Liability Trap: Why the ALEC Anti-ESG Bills Create a Legal Quagmire for Fiduciaries Connected with Public Pensions

Number of pages: 20 Posted: 17 Feb 2023
David J. Berger, David H. Webber and Beth Young
Wilson Sonsini Goodrich & Rosati, Boston University School of Law and Corporate Governance & Sustainable Strategies
Downloads 579 (82,291)

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corporate governance, esg, anti-esg, fiduciary duty, shareholder proposals, labor's capital, sustainability

4.

The Use and Abuse of Labor's Capital

89 New York University Law Review 2106 (2014), Boston Univ. School of Law, Public Law Research Paper No. 14-7
Number of pages: 84 Posted: 18 Jan 2014 Last Revised: 01 Jan 2015
David H. Webber
Boston University School of Law
Downloads 500 (98,543)
Citation 2

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fiduciary duty, duty of loyalty, exclusive purpose rule, public pensions, Taft-Hartley, ERISA, pensions, defined benefit

5.

Is 'Pay-to-Play' Driving Public Pension Fund Activism in Securities Class Actions? An Empirical Study

Boston University Law Review, Vol. 90, 2010, NYU Law and Economics Research Paper No. 09-28, Boston University School of Law, Law and Economics Research Paper. 10-38
Number of pages: 52 Posted: 13 Jul 2009 Last Revised: 10 Jun 2015
David H. Webber
Boston University School of Law
Downloads 449 (112,055)
Citation 1

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Securities litigation, lead plaintiffs, class actions

6.

Private Policing of Mergers and Acquisitions: An Empirical Assessment of Institutional Lead Plaintiffs in Transactional Class and Derivative Actions

Delaware Journal of Corporate Law (DJCL), Vol. 38, No. 3, 2014, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 77 Posted: 07 Jul 2011 Last Revised: 20 Apr 2014
David H. Webber
Boston University School of Law
Downloads 373 (138,672)
Citation 4

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mergers and acquisitions, litigation, lead plaintiffs, institutional investors, shareholder litigation, shareholder activism

7.

The Plight of the Individual Investor in Securities Class Actions

106 Northwestern University Law Review 157 (2012), NYU Law and Economics Research Paper No. 10-19, Boston Univ. School of Law Working Paper No. 11-02
Number of pages: 68 Posted: 12 May 2010 Last Revised: 08 May 2012
David H. Webber
Boston University School of Law
Downloads 329 (158,942)
Citation 1

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Private Securites Litigation Reform Act of 1995, securities fraud, class actions, selecting co-lead plaintiffs from the pool likely to be class members

8.

Does the Quality of the Plaintiffs' Law Firm Matter in Deal Litigation?

Number of pages: 33 Posted: 22 Jul 2014 Last Revised: 16 Dec 2015
Adam B. Badawi and David H. Webber
University of California, Berkeley - School of Law and Boston University School of Law
Downloads 245 (214,951)
Citation 3

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mergers and acquisitions, litigation, deal litigation, law firms, plaintiffs law firms, event study

9.

Shareholder Litigation Without Class Actions

57 ARIZONA LAW REVIEW 201 (2015)
Number of pages: 67 Posted: 22 Jun 2014 Last Revised: 01 Jul 2015
David H. Webber
Boston University School of Law
Downloads 232 (226,756)
Citation 3

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securities class actions, transactional class actions, securities fraud, securities regulation, class actions, plaintiffs' law firms, fiduciary duty, liability insurance

10.

Slack v. Pirani: Brief for Amici Curiae Law and Business Professors in Support of Respondent

Columbia Public Law Research Paper No. 4391777, The Wharton School Research Paper
Number of pages: 32 Posted: 27 Mar 2023
Columbia Law School, Columbia Law School, Brigham Young University - J. Reuben Clark Law School, Duke University School of Law, University of Idaho College of Law, Columbia University - Law School, Columbia Law School, University of North Carolina School of Law, Loyola University Chicago School of Law, Georgetown University Law Center, University of California, Los Angeles (UCLA) - School of Law, Georgetown University Law Center, Washington University in St Louis, School of Law, Southern Methodist University - Dedman School of Law, The Wharton School, University of Pennsylvania, Boston University School of Law, Cornell Law School and George Washington University Law School
Downloads 142 (348,801)

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securities law, direct listings, Section 11, tracing, FINRA, investor protection

11.

The Humanities Strike Back: (E)ESG and Justice Strine Challenge Gamer Shareholder Primacy

University of Pennsylvania Journal of Business Law, Vol. 24, No. 4, 2021-22
Number of pages: 9 Posted: 07 Nov 2022
David H. Webber
Boston University School of Law
Downloads 132 (369,024)

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shareholder primacy, stakeholderism, fiduciary duty, ESG, shareholder, stakeholder

12.

Putting Labor's Capital to Work for Labor: Restoring a Worker-Centric Vision of Fiduciary Duty

Number of pages: 69 Posted: 08 Feb 2023
David H. Webber
Boston University School of Law
Downloads 125 (386,935)

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Labor's capital, pensions, unions, private equity, hedge funds, markets, shareholders, workers, fiduciary duty, Taft-Hartley, ERISA, public pensions, union funds, defined benefit

13.

Should Labor Abandon Its Capital? A Reply to Critics

Harvard Business Law Review, Vol. 12, 2022
Number of pages: 34 Posted: 25 Jan 2023
David H. Webber
Boston University School of Law
Downloads 111 (419,660)

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labor's capital, pensions, unions, private equity, hedge funds, markets, shareholders, workers, fiduciary duty, Taft-Hartley, ERISA, public pensions, union funds, defined benefit

14.

Comment on Proposed Regulation: Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights

Number of pages: 4 Posted: 11 Feb 2022
David H. Webber
Boston University School of Law
Downloads 101 (448,955)

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ESG, ERISA, duty of loyalty, duty of prudence, fiduciary, Department of Labor, regulations, labor's capital, CSR, social responsibility

15.

Reforming Pensions While Retaining Shareholder Voice

Boston University Law Review, Vol. 99, No. 3, 2019, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 23 Posted: 28 Jun 2019
David H. Webber
Boston University School of Law
Downloads 95 (467,485)

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corporate governance, shareholder rights, pensions, employee benefits, state and local government, labor unions

16.

Rethinking 'Political' Considerations in Investment

Number of pages: 27 Posted: 20 Jan 2021
David H. Webber
Boston University School of Law
Downloads 81 (515,903)

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shareholders, ESG, investment, fiduciary duty, multipreference shareholders, governance, corporate governance, portfolio, social responsibility, sovereign wealth funds, pension funds, union funds

17.

The Real Reason the Investor Class Hates Pensions

Appearing on The New York Times website: https://www.nytimes.com/2018/03/05/opinion/investor-class-pensions.html, Boston Univ. School of Law Research Paper
Number of pages: 3 Posted: 23 Jul 2021 Last Revised: 10 Mar 2022
David H. Webber
Boston University School of Law
Downloads 48 (671,792)

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18.

Lead Plaintiffs and Lead Counsel in Deal Litigation

Research Handbook on Mergers and Acquisitions (eds. Davidoff Solomon and Hill) (Elgar 2016).
Number of pages: 16 Posted: 06 Aug 2018
David H. Webber
Boston University School of Law
Downloads 37 (743,829)

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Lead Plaintiffs, Lead Counsel, Transactional Class Actions, Deal Litigaton, Merger Litigaton, Class Actions

19.

Op-Ed: California’s Most Powerful Voice on Wall Street? Its Pensions

Appearing on The Los Angeles Times website: https://www.latimes.com/opinion/op-ed/la-oe-webber-pensions-california-20180506-story.html, Boston Univ. School of Law Research Paper Forthcoming
Number of pages: 2 Posted: 17 Sep 2021
David H. Webber
Boston University School of Law
Downloads 13 (952,315)

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20.

Big Corporations are Trying to Silence Their Own Shareholders

Appearing on The Washington Post website: https://www.washingtonpost.com/opinions/voter-suppression--corporate-style/2017/04/13/bbe62880-1ed5-11e7-be2a-3a1fb24d4671_story.html, Boston Univ. School of Law Research Paper Forthcoming
Posted: 19 Oct 2021
David H. Webber
Boston University School of Law

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21.

David H. Webber: Protecting public pension investments

Appearing on The Washington Post website: https://www.washingtonpost.com/opinions/david-h-webber-protecting-public-pension-investments/2014/11/20/85748ee6-66cb-11e4-836c-83bc4f26eb67_story.html, Boston Univ. School of Law Research Paper Forthcoming
Posted: 19 Oct 2021
David H. Webber
Boston University School of Law

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