Cunningham, Lawrence A.

GW Law Faculty Publications

January 16, 2022

SSRN | Scholarly Commons


Quality Shareholders: How the Best Managers Attract and Keep Them (2020).

Dear Shareholder: The Best Executive Letters from Warren Buffett, Prem Watsa and Other Great CEOs (2020).

Margin of Trust: The Berkshire Business Model (2020).

The Essays of Warren Buffett: Lessons for Corporate America (5th ed. 2019).
     First edition (New York: Cardozo Law Review) published in 2001. Also translated into numerous languages.
     Revised edition published in 2004.
     Second edition published in 2008.
     Third edition published in 2013.
     Fourth edition published in 2015.

(With Miriam Cherry.)  Contracts:  A Real World Casebook (2018).

Introductory Accounting, Finance and Auditing for Lawyers (7th ed. 2018).
     Sixth edition published in 2013.
     Fifth edition published in 2009.
     Fourth edition published in 2004.
     Third edition published in 2002.
     Second edition published in 1999.
     First edition published in 1997.

(With Stephanie Cuba.)  The Warren Buffett Shareholder:  Stories from Inside the Berkshire Hathaway Annual Meeting (2018).

Corporations and Other Business Organizations: Cases, Materials and Problems (10th ed. 2020).
     Sixth edition published in 2005, with Larry D. Soderquist and Linda O. Smiddy.
     Seventh edition published in 2010, with Linda Smiddy.
     Eighth edition published in 2014, with Linda Smiddy
     Ninth edition published in 2016, with Linda Smiddy.

Contracts in the Real World: Stories of Popular Contracts and Why They Matter. 2nd ed. Cambridge [UK]: Cambridge University Press, 2016.
     First edition published in 2012.

(With Eide, Torkell T., and Patrick Hargreaves.) Quality Investing: Owning the Best Companies for the Long Term. Petersfield, UK: Harriman House, 2016. 

The Buffett Essays Symposium: A 20th Anniversary Annotated Transcript with Warren Buffett & Charlie Munger. Petersfield, UK: Harriman House, 2016. 

Berkshire Beyond Buffett: The Enduring Value of Values. New York: Columbia University Press, 2014. 
     Paperback edition published in 2019.

Introductory Accounting for Lawyers. St. Paul: West Academic, 2014. 

(With Greenberg, Maurice R.) The AIG Story. Hoboken, N.J.: John Wiley & Sons, 2013.  

(with Smiddy, Linda). Soderquist on Corporate Law and Practice 3rd ed. New York : Practising Law Institute, 2007. 

(with Mitchell., Lawrence E. and Jeffrey J. Haas). Corporate Finance and Governance: Cases, Materials and Problems. 3rd ed. Durham, N.C. : Carolina Academic Press, 2006.
     Second edition published in 1996 with Lawrence E. Mitchell and Lewis D. Solomon. Supplemented in 2003..

Heights of Justice: Discourse from Boston College Law School. Durham, N.C. : Carolina Academic Press, 2006. 

Law and Accounting: Cases and Materials. St. Paul, MN : Thomson West, 2005. 

What Is Value Investing? New York : McGraw-Hill, 2004.
     Also translated into Chinese.

How to Think Like Benjamin Graham and Invest Like Warren Buffett. Paperback ed. New York : McGraw-Hill, 2002.
     First ed. published in 2001.
     Also translated into Chinese, Korean and Russian.

Outsmarting the Smart Money: Understand How Markets Really Work and Win the Wealth Game. New York : McGraw-Hill, 2002.
     Also translated into Korean.

(with Arthur J. Jacobson). Corbin on Contracts, Annual Supplements, 1994-2001. St. Paul, MN : West Publishing. 

Global Corporate Governance. Washington, D.C.: Investor Responsibility Research Center [New York: Aspen Law & Business], 1998. 



Ask the Smart Money: Shareholder Votes by a ‘Majority of the Quality Shareholders', 55 U.C. Davis L. Rev. (2021).

Cultivating Quality: Time to Revise and Update the Shareholder Cultivation Literature, 15 Ohio St. Bus. L.J. 85 (2021).

Lessons from Quality Shareholders on Corporate Governance Practice, Research and Scholarship, 5 Bus. & Fin. L. Rev. 1 (2021).

The Case for Empowering Quality Shareholders, 46 BYU L. Rev. 1 (2021).

Board Gender Diversity:  Debate and Practice, 63 Can. Bus. L.J. 244 (2020).

Accounting and Financial Reporting: Global Aspirations, Local Realities, in The Oxford Handbook of Corporate Law and Governance 489 (Jeffrey N. Gordon & Wolf-Georg Ringe eds., 2018).

Contract Interpretation 2.0: Not Winner-Take-All But Best-Tool-For-The-Job, 85 Geo. Wash. L. Rev. 1625 (2018).

Berkshire’s Blemishes:  Lessons for Buffett’s Successors, Peers and Policy, 2016 Colum. Bus. L. Rev. 1.

"From Governance to Culture: The CFTC and SROS," Banking & Financial Services Policy Report, Feb. 2016, at 10.

"Berkshire's Disintermediation: A Managerial Model for the Next Generation," 50 Wake Forest Law Review509-531 (2015).

"Intermediary Influence and Competition: Berkshire versus KKR," 82 University of Chicago Law Review Dialogue 177-199 (2015),

"Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform," 66 Florida Law Review 1-72 (2014).

"Prosecutions in the Governance Business: Improving the Quality of Deferred Prosecution Agreements," Banking & Financial Services Policy Report, Aug. 2014, at p. 1-11.

"Reflections on Contracts in the Real World: History, Currency, Context, and Other Values," (Symposium, Contracts in the Real World: Examining Modern Contract Pedagogy), 88 Washington Law Review 1265-1288 (2013).
     Available at

"Digital Evolution in Law School Course Books: Trade-Offs, Opportunities and Vigilance," in Legal Education in the Digital Age. Ed. By Edward L. Rubin. Cambridge [UK]: Cambridge University Press, 2012.

"Rhetoric Versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts," 75 Law & Contemporary Problems 129-159 (2012).

"The Influence of Law and Economics on Law and Accounting: Two Steps Forward, One Step Back," in Research Handbook on the Economics of Corporate Law. Ed. by Claire A. Hill and Brett H. McDonnell. Northampton, MA: Edward Elgar, 2012.

"A New Legal Theory to Test Executive Pay: Contractual Unconscionability," 96 Iowa Law Review 1177-1245 (2011).

"Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions," 62 Florida Law Review 667-720 (2010).

"The New Federal Corporate Law," 77 The George Washington Law Review 685-707 (2009).

(With Zaring, David.) "The Three or Four Approaches to Financial Regulation: A Cautionary Analysis Against Exuberance in Crisis Response," 78 The George Washington Law Review 39-113 (2009).

(With Bratton, William W.) "Treatment Differences and Political Realities in the GAAP-IFRS Debate," 95 Virginia Law Review 989-1023 (2009).

"Rediscovering Board Expertise: Legal Implications of the Empirical Literature," 77 Cincinnati Law Review 465-499 (2008).

"The SEC's Global Accounting Vision: A Realistic Appraisal of a Quixotic Quest," 87 North Carolina Law Review 1-81 (2008).

"A Prescription to Retire the Rhetoric of 'Principles-Based Systems' in Corporation Law, Securities Regulation, and Accounting," 60 Vanderbilt Law Review 1411-1493 (2007).

"Beyond Liability: Rewarding Effective Gatekeepers," 92 Minnesota Law Review 323-386 (2007).

"Securitizing Audit Failure Risk: An Alternative to Caps on Damages," 49 William and Mary Law Review 711-789 (2007).

(With Asare, Stephen, & Arnold Wright.) "The Sarbanes-Oxley Act: Legal Implications and Research Opportunities," 19 Research in Accounting Regulation 81-105 (2007).

"Language, Deals and Standards: The Future of XML Contracts." 84 Washington University Law Review 313 (2006).

"Scholarly Profit Margins: Reflections on the Web." 81 Indiana Law Journal 271-283 (2006).

"The Common Law as an Iterative Process: A Preliminary Inquiry." 81 Notre Dame Law Review 747-781 (2006).

(With Frankel, Tamar). "The Mysterious Ways of Mutual Funds: Market Timing." 25 Annual Review of Banking and Financial Law 235-293.

"Too Big to Fail: Moral Hazard in Auditing and the Need to Restructure the Industry Before It Unravels." 106 Columbia Law Review 1698-1748 (2006).

"Finance Theory and Accounting Fraud: Fantastic Futures versus Conservative Histories." 53 Buffalo Law Review 789-813 (2005).

"Private Standards in Public Law: Copyright, Lawmaking and the Case of Accounting." 104 Michigan Law Review 291-343 (2005).

"A Model Financial Statement Insurance Act." 11 Connecticut Insurance Law Journal 69-106 (2004).

"A New Product for the State Corporation Law Market: Audit Committee Certifications." 1 Berkeley Business Law Journal 327-368 (2004).

"Choosing Gatekeepers: The Financial Statement Insurance Alternative to Auditor Liability." 52 UCLA Law Review 413-475 (2004).

"Facilitating Auditing's New Early Warning System: Control Disclosure, Auditor Liability and Safe Harbors." 55 Hastings Law Journal 1449-1491 (2004).

"From Convergence to Comity in Corporate Law: Lessons from the Inauspicious Case of SOX." 1 International Journal of Disclosure and Governance 269-298 (2004).

"The Appeal and Limits of Internal Controls to Fight Fraud, Terrorism, Other Ills." 29 Journal of Corporation Law 267-336 (2004).

"Semiotics, Hermeneutics and Cash: An Essay on the True and Fair View." 28 North Carolina Journal of International Law and Commercial Regulation 893-933 (2003).

"The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (and It Might Just Work)." 35 Connecticut Law Review 915-988 (2003).

"Behavioral Finance and Investor Governance." 59 Washington & Lee Law Review 767-837 (2002).

"Sharing Accounting's Burden: Business Lawyers in Enron's Dark Shadows." 57 Business Lawyer 1421-1462 (2002).

"Comparative Corporate Governance and Pedagogy." 34 Georgia Law Review 721-743 (2000).

"Toward A Prudential and Credibility-Centered Parole Evidence Rule." 68 University of Cincinnati Law Review 269-321 (2000).

"Commonalities and Prescriptions in the Vertical Dimension of Global Corporate Governance." 84 Cornell Law Review 1133-1194 (1999).

"The Endless Quest for Integrity in Financial Reporting" Annual Institute on Securities Regulation no. 30. New York: Practicing Law Institute, 1998.

"The Heyman Center's Roundtable on Insider Trading: Law, Theory, and Practice after O'Hagan." 20 Cardozo Law Review 1- (1998).

"The Heyman Center's Roundtable on Insider Trading: Law, Theory, and Practice." 20 Cardozo Law Review 1-6 (1998).
     Symposium: Insider Trading--Law, Policy and Theory after O'Hagan.

"Conversations from the Buffett Symposium." 19 Cardozo Law Review 719-816 ( 1997).

(With Brickman, Lester). "Game Theory and Nonrefundable Retainers: A Response to Professors Croson and Mnookin." 2 Harvard Negotiation Law Review 69-86 (1997).

"Introduction to the Buffett Symposium Papers." 19 Cardozo Law Review 221-236 (1997).

"Cardozo and Posner: A Study in Contracts." 36 William & Mary Law Review 1379-1466 (1995).

"Hermeneutics and Contract Default Rules: An Essay on Lieber and Corbin." 16 Cardozo Law Review 2225-2248 (1995).

(With Brickman, Lester). "Nonrefundable Retainers: A Response to Critics of the Absolute Ban." 64 University of Cincinnati Law Review 11-70 (1995).
     Includes Amicus Brief, In re Cooperman, 83 N.Y. 2d 465 (1994), reprinted as Appendix A, pages 42-70.

"Capital Market Theory, Mandatory Disclosure and Price Discovery." 51 Washington & Lee Law Review 843-877 (1994).

(With Yablon, Charles M.). "Delaware Fiduciary Duty Law after QVC and Technicolor: A Unified Standard (and the End of Revlon Duties)." 49 Business Lawyer 1593-1628 (1994).

"'Firm Specific' Information and the Federal Securities Laws: A Doctrinal, Etymological and Theoretical Critique." 68 Tulane Law Review 1409-1455 (1994).

"From Random Walks to Chaotic Crashes: The Linear Genealogy of the Efficient Capital Market Hypothesis." 62 George Washington Law Review 546-608 (1994).

(With Brickman, Lester). "Nonrefundable Retainers Revisited." 72 North Carolina Law Review 1-54 (1993).

(With Brickman, Lester). "Nonrefundable Retainers: Impermissible under Fiduciary, Statutory and Contract Law." 57 Fordham Law Review 149-190 (1988).

"Out-of-State Attorney Fee Forfeiture." 8 Cardozo Law Review 1191 (1987).
     Recipient of the New York State Bar Association Legal Ethics Prize.



Review of Gatekeepers: The Professions and Corporate Governance, by J.C. Coffee, Jr. in 40 British Accounting Review 87-88 (2008).
     Available online at

Review of Responsibility of Corporate Officers and Directors under Federal Securities Laws, by James Hamilton and Ted Trautman. Directors and Boards 12 (Winter 2000).



Opinion, With Global Stock Markets in Turmoil, a Healthy Corporate Culture Counts More Than Ever. Here’s What to Know, MarketWatch (June 11, 2022, 9:35 AM),

Opinion, Blackrock, Vanguard, and Other Index-Fund Giants Are Playing Politics with Proxy Votes. They Should Focus on Profits, MarketWatch (May 27, 2022, 6:09 AM),

Opinion, Berkshire’s Biggest Shareholders Could Undermine Buffet’s Legacy and All That Makes the Company Unique, MarketWatch (May 14, 2022, 6:44 PM),

Opinion, Berkshire and Buffett Have 5 Words for Sellers Who Want Their Money: ‘Take It or Leave It,’ MarketWatch (Apr. 27, 2022, 5:45 PM), https://‌‌/story/berkshire-and-buffett-have-5-words-for-sellers-who-want-their-money-take-it-or-leave-it-11651095915.

Opinion, Dump Buffett as Berkshire’s Chairman? That’s Exactly What’s Wrong with so Many Shareholder Proposals This Year, MarketWatch (Apr. 26, 2022, 8:28 PM),

Opinion, SEC’s Climate Change Proposal Gives Main Street Investors No Voice. Here’s How to Make Yourself Heard, MarketWatch (Apr. 4, 2022, 6:58 PM),

Opinion, Private-Equity Investing is Going Public. Your Retirement Account May Never Be the Same, MarketWatch (Mar. 18, 2022, 7:18 AM),

Opinion, Activist Disclosure Proposal Runs Counter to SEC Mission, Law360 (Feb. 28, 2022, 6:06 PM),

Opinion, These 10 Dividend-Paying Stocks Show Why Cash Isn’t Trash in This Brutal Market, MarketWatch (Mar. 4, 2022, 7:18 AM),

Opinion, These 10 Stocks Have the Right Stuff That Top Investors Want in Their Portfolios, MarketWatch (Feb. 18, 2022, 7:20 AM),

Opinion, Why Mutual Fund Giants are Quietly Giving Voting Power Back to Individual Shareholders, MarketWatch (Feb. 12, 2022, 9:07 AM),

Opinion, Warren Buffett is Teaching Meme-Stock Players and Crypto Traders Some Hard Lessons About Why Market Fundamentals Still Apply, MarketWatch (Jan. 28, 2022, 4:22 PM),

Opinion, Women and Minority Directors on Company Boards Add Value, But Not for the Reasons You Think, MarketWatch, (Dec. 16, 2021, 4:57 PM),

Opinion, Meet the Corporate Insiders Whose No. 1 Job Is Making Sure the Money You’ve Invested Is Managed Properly, MarketWatch, (Dec. 11, 2021, 10:19 AM),

BlackRock's First Step to Shareholder Democracy, Nat'l Rev. (Dec. 9, 2021, 6:30 AM),

Opinion, Ford and GM Shares Could Get a Boost if They Create a Special 'Class EV’ Stock for Their Electric Vehicle Business, MarketWatch, (Dec. 4, 2021, 10:02 AM), https:‌//‌www.‌‌/story/gm-and-ford-should-create-a-special-class-of-stock-in-their-ev-business-to-charge-up-investors-11638438801.

Opinion, Here’s What Happens When Employers See Workers as Investors – Not ‘Family’ or ‘Teammates’, MarketWatch, (Nov. 20, 2021, 11:46 AM), https://‌‌/story/heres-what-happens-when-employers-see-workers-as-investors-not-family-or-teammates-11637227743

Opinion, Why GE’s Tax-Free Split Could Power the Stock Higher and Reward Patient Investors, MarketWatch (Nov. 10, 2021, 7:20 AM),

Opinion, Berkshire Hathaway’s Fate After Buffett Will Be Up to Its Board Members. Are They Up to the Task?, MarketWatch (Nov. 4, 2021, 7:20 AM),

Opinion, Biden Administration Wants ESG to Factor in Employee Retirement Funds. That Mandate Would Hurt Workers, MarketWatch (Oct. 30, 10:10 AM), https://‌www.‌marketwatch‌.com‌‌‌‌/‌‌‌story/biden-administration-wants-esg-to-factor-in-employee-retirement-funds-that-mandate-would-hurt-workers-11635406359.

Opinion, Warren Buffett’s Solid Investing Advice Is Just What’s Needed in This Frothy Stock Market, MarketWatch (Oct. 7, 2021, 7:20 AM),

Opinion, Higher Taxes on Stock Dividends Would Hurt Middle-Class Investors — Especially Retirees — Far More Than the Wealthy, MarketWatch (Sept. 29, 2021, 7:20 AM),

Opinion, These Stock Companies Prove That When Workers Are Happy, Investors Are Happy Too, MarketWatch (Oct. 23, 2021, 10:19 AM),

Opinion, Stock Investors Want Companies on Board with ESG — but Principles Have a Price, MarketWatch (Oct. 16, 2021, 9:58 AM),

Opinion, ESG Investing Can Boost Your Stock Market Returns but It Shouldn't Drive Your Portfolio, MarketWatch (Sept. 16, 2021, 7:18 AM),

Opinion, The ‘G’ in ESG Is Being Shaken Up in a New Way That Should Help Stock Investors, MarketWatch (Aug. 11, 2021, 7:18 AM),

Opinion, 10 Stocks That Have What it Takes to Be a 'Perfect Company', MarketWatch, (Aug. 5, 2021, 7:25 AM),

Opinion, Smart Stock Investors Know to Check This Telling Sign of a Company’s Health, MarketWatch (July 29, 2021, 12:49 PM),

Opinion, Here's the One Time When It's OK for You To Fall In Love With a Stock, MarketWatch, July 22, 2021, 7:18 AM),

Opinion, Here’s the Recipe For A ‘Perfect Business’ — And a Tasty Stock, MarketWatch (July 15, 2021, 7:15 AM),

Opinion, 10 Companies That Know How to Spend Money So You Have a Chance to Make Some, MarketWatch (July 8, 2021, 1:48 PM),

Opinion, Why High-Quality, Trustworthy Companies Have Beaten the S&P 500 by 30%-50%, MarketWatch (June 30, 2021, 7:18 AM),

Opinion, Meme Stock Investors Are Bringing AMC and Other Troubled Companies Back to Life, MarketWatch (June 25, 2021, 7:10 AM),

SEC Mulls a Step Backward on Corporate-Governance Oversight, Nat'l Rev. (June 22, 2021, 6:30 AM),

Opinion, Why a Crash in Meme Stocks AMC and GameStop Looks More Likely Now, MarketWatch (June 16, 2021, 7:20 AM),

Opinion, Memo to Company Directors: Deliver for Shareholders or Face Consequences, MarketWatch (June 10, 2021, 1:56 PM),

Opinion, Celebrities and Social Media Influencers Touting Crypto and SPACs Are Not Automatic ‘Likes’, MarketWatch (June 2, 2021, 7:20 AM),

Opinion, These Cool, High-Quality Stocks Are Just Right for This Overheated, Overvalued Market, MarketWatch (May 26, 2021, 7:18 AM),

Opinion, Why Bitcoin's Bust and the 'Crypto Cult' Threatens All Investors, MarketWatch (May 19, 2021, 11:15 AM),

Opinion, No One Will Save You from a Bear Market So You’ll Have To Do It Yourself, MarketWatch (May 13, 2021, 7:20 AM),

Opinion, Berkshire Hathaway’s CEO-In-Waiting Has a Lot of Warren Buffett in Him — Plus More, MarketWatch (May 4, 2021, 3:22 PM),

Opinion, Biden’s Tax Reform Should Rely on the ‘Buffett Rule’ to Make the Rich Pay Their Fair Share, MarketWatch (Apr. 27, 2021, 4:59 PM),

Opinion, Warren Buffett Could Teach Traders in Dogecoin, GameStop and Other Hot Trends a Few Things About ‘Mr. Market,’ MarketWatch (Apr. 22, 2021, 7:18 AM),

Opinion, When It Comes to Georgia's Voting Law, Keep Politics Out of Business, The Hill (Apr. 21, 2021, 5:31 PM),

Berkshire Hathaway 2021 Annual Meeting, Entrepreneur (Apr. 21, 2021).

Opinion, Long-Tenured CEOs Can Take a Business from Good to Great — and These Companies Have Them, MarketWatch (Apr. 14, 2021, 7:20 AM),

Opinion, Why Berkshire Hathaway Would Be Hurt by the Changes These Big Shareholders Propose, MarketWatch (Apr. 6, 2021, 7:10 AM),

Opinion, Why the Long-Term Shareholders Buffett Cultivated Are a Huge Part of Berkshire Hathaway’s Success, MarketWatch (Mar. 30, 2021, 1:20 PM),

SEC Should Get Behind Shareholder Voting Transparency, Law360 (Mar. 29, 2021, 1:14 PM),

Opinion, Here’s the Secret of How Great Companies Get to the Top of Their Game, MarketWatch (Mar. 19, 2021, 7:05 AM),

Opinion, Give Longtime Shareholders Extra Perks for Their Loyalty, MarketWatch (Mar. 11, 2021, 9:36 AM),

Opinion, Quality Shareholders Were ESG-Friendly Long Before It Was Fashionable, MarketWatch (Mar. 3, 2021, 2:51 PM),

Opinion, These 15 Companies Are Run in a Warren Buffett-Like Way, MarketWatch (Feb. 25, 2021, 1:37 PM),

Commentary: Gensler Should Keep Clayton’s Pragmatic Proxy Adviser Rules, Pensions & Investments (Feb. 24, 2021, 7:00 AM),

Opinion, When Activists Try to Seize Corporate Control, These Shareholders Come to the Rescue, MarketWatch (Feb. 18, 2021, 12:30 PM),

Opinion, Why Buffett’s Shareholder Letter Is Required Reading for Investors — and Other CEOs, MarketWatch (Feb. 12, 2021),

Opinion, Reddit and Robinhood Army Fights With 'Grievance Capital' to Break Wall Street’s Elite Wall, MarketWatch (Feb. 3, 2021),

Opinion, That Shoeshine Boy With Stock Tips Is Now on Reddit and Robinhood — and This Bubble Will Burst Like All the Others, MarketWatch (Jan. 29, 2021),

Opinion, How a Company’s Most Loyal Investors Protect All of Its Stockholders, MarketWatch (Jan. 28, 2021),

Opinion, Why the Smartest Stock Investors Are Passing on Most SPAC IPOs, MarketWatch (Jan. 21, 2021),

Opinion, Shareholder Voting Is Another Electoral Process That Needs More Access and Transparency, MarketWatch (Jan. 14, 2021),

Opinion, America’s Richest Person in 1831 Left a Legacy that Still Resonates in 2021, MarketWatch (Jan. 8, 2021, 2:37 PM),

Opinion, Trust Is the Secret Sauce that Warren Buffett and Others Value Highly in Companies, MarketWatch (Dec. 19, 2020, 9:06 AM),

(With George Athanassakos.)  Opinion, Pick One:  Conformist Governance or Good Capital Allocation, Fin. Post (Dec. 15 2020),

Opinion, Stockpicking Legend Warren Buffet and Index Champion John Bogle Both Knew the Other Was Right About Investing, MarketWatch (Dec. 12, 2020, 9:43 AM),

Opinion, Life Inside a Stock Market Bubble Is Great Until Someone Takes Out a Pin, MarketWatch (Dec. 3, 2020, 12:42 PM),

Active Managers See Value in These 3 Company Practices but Indexers Hate Them. Who’s Right?, MarketWatch (Nov. 28, 2020),

Opinion, Companies Whose Board Members Are Also Major Shareholders Typically Outperform, Here's How to Find Them, MarketWatch (Nov. 11, 2020),

Opinion, How Sharp Investors Use a CEO’s Annual Shareholder Letter as a Secret Door to Superior Stocks, MarketWatch (Nov. 7, 2020),

Opinion, Why Companies That Spend Their Capital Wisely Are Smart Places for Your Money, MarketWatch (Oct. 29, 2020),

Opinion, S&P 500 Corporate Boards Lack Diversity, But These Top Companies Are Leading Change – And the Stock Market Rewards Them, MarketWatch (Oct. 23, 2020, 9:38 AM),

Opinion, Wanted: Stock Investors with Time and Money to Support Profitable, Well-run Companies, MarketWatch (Oct. 20, 2020),

Opinion, Here’s Evidence That Putting Customers and Employees First Turns Out to Be Profitable for a Company’s Stockholders Too, MarketWatch (Oct. 14, 2020),

Opinion, Here’s the Real Cost of Stock Splits That Buffett Knows and Apple and Tesla Ignored, MarketWatch (Oct. 07, 2020),

Opinion, Warren Buffett Knows These Are the Best Investors to Follow with Your Own Money, MarketWatch (Sept. 30, 2020),

Advising Presidents:  The Importance of Martin Greenberg, Nat’l Interest (May 1, 2020),

(With Stephanie Cuba.)  Annual Shareholder Meetings from Populist to Virtual, Fin. Hist., Fall 2018, at 14.

The Writings of a Joyous Investor, Directorship, July 1, 2016, at 32.

"Understanding Succession at Berkshire Hathaway After Buffett," DealBook: New York Times (March 2 2015),

Opinion, How Warren Buffett Is Fighting to 'Keep the Wolves Away' from Berkshire Hathaway - and Winning, MarketWatch (May 29, 2020),

"The Philosophy of Warren E. Buffett: Another View," DealBook: New York Times (May 1, 2015),

"No Mistake in Simkin v. Blank Divorce Agreement," Concurring Opinions (Apr. 3, 2012, 6:10 PM).

"So Much for Your Day in Court," Op-Ed., Baltimore Sun (Mar. 21, 2012, 3:22 PM),,0,970456.story.

"AIG's Bonus Blackmail," The New York Times (Op-Ed.), March 17, 2009.

"Beware the Temptation of Global Standards," Financial Times, Sept. 11, 2007.

"Paulson Committee on Regulation: Report Is Muddled," National Law Journal, May 14, 2007.

"Benchmarks," [Academic Dean's Column], Boston College Law School Magazine.
     Summer 2006.
     Winter 2005.
     Summer 2005.

"Paper Tiger," [Judgment Call column], The Deal, page 32 (June 28, 2004).

"Personality over Practice in Corporate Governance," (Judgment Column) The Deal, page 34 (September 22, 2003).

Personality over Practice in Corporate Governance, Directors and Boards (Fall 2003)

"Ignoring the Numbers," Boston College Law School Magazine, page 48 (Spring/Summer 2002).

"The Crisis of Investor Confidence Calls for More Capitalism," The New York Sun (July 3, 2002).

"Congress Overreacts on Audit Reform," (Judgment Call column), The Deal, page 7 (November 4, 2002). (Formerly known as The Daily Deal.)

"Executive Hubris," (Judgment Call column) The Deal, page 16 (July 3, 20020. (Formerly known as The Daily Deal.

"Governance Reform: Boon or Bafflegab?," Directors and Boards (Spring 2001).

"A Triage Approach to Heightened Pleading under the Private Securities Litigation Reform Act." New York: Aspen Law & Business, 1999.

"Comparative Rhetoric in Director's Defensive Duties and its Global Deficiency." New York: Aspen Law & Business, 1999.

"Warren Buffett on the Role of the Board," Corporate Board (July-August 1998).

"The Modern Sensibility of New York's New Business Corporation Law." New York: Aspen Law & Business, 1998.

"Preventive Corporate Lawyering: Averting Accounting Scandals," Cardozo Life (Spring 1997).

(with Brickman, Lester). "Living with the Ban on Nonrefundable Retainers: Cooperman's Scope, Meaning and Consequences," 66 New York State Bar Journal 50 (Sept./Oct. 1994).

(with Stoller, Daniel and Kenneth Saverin). "Institutional Ownership: Shareholder Activism and Reporting of Holdings, 575 PLI Corporate Law Series 9 (1987).

(with Stoller, Daniel and Kenneth Saverin). "Institutional Ownership: Shareholder Activism and Reporting of Holdings," 575 PLI Corporate Law Series 9 (1987).