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DAVID H. WEBBER Boston University School of Law 765 Commonwealth [as of February 21, 2020] DAVID H. WEBBER ASSOCIATE DEAN FOR INTELLECTUAL LIFE PROFESSOR OF LAW Boston University School of Law 765 Commonwealth Avenue Boston, MA 02215 Phone: (617) 358-6194 email: [email protected] HIGHLIGHTS THE RISE OF THE WORKING-CLASS SHAREHOLDER: LABOR’S LAST BEST WEAPON (Harvard University Press, April 2018). o Reviewed or covered in the New York Review of Books, The Financial Times, Forbes, Dissent, The National Review, C-SPAN’s BookTV, Bloomberg Radio, Publishers Weekly, the Harvard Law School Forum on Corporate Governance and Financial Regulation, the Harvard OnLabor Blog, and elsewhere. o Subject of op-eds for the New York Times, The Los Angeles Times, and The Washington Post. o Nominated for the PEN/John Kenneth Galbraith Award, the National Book Critics Circle Award, Philip Taft Labor History Award, The J. Anthony Lukas Book Prize. o Cornell University School of Industrial and Labor Relations, Featured Book of the Month, August 2018. 2017 MICHAEL MELTON AWARD FOR TEACHING EXCELLENCE. CO-AUTHOR OF THE INVESTING FOR POWER ACT, expected to be introduced in Congress in 2019. Organizer, the Annual Symposium for the Boston University Law Review, “Institutional Investor Activism in the 21st Century: Responses to A Changing Landscape.” Delaware Corporate and Business Law Visiting Scholar in Residence, Widener University Delaware Law School (Including address to Delaware judiciary and bar and Delaware law faculty and students) (2016). Harvard Stanford Yale Junior Faculty Forum (2015). Tax Notes Top Ten Pensions and Employee Benefits Article (2014). Corporate Practice Commentator (2014, 2011). Securities Law Review Top Ten Securities Law Article (2011). Junior Faculty Business and Financial Law Workshop, George Washington University Law School Center for Law, Economics, and Finance (2015). AALS Securities Law Section, featured article (2015). Op-eds in THE NEW YORK TIMES, THE WASHINGTON POST, THE LOS ANGELES TIMES, THE CHICAGO TRIBUNE, and IN THESE TIMES. ACADEMIC APPOINTMENTS, TEACHING, AND FELLOWSHIPS BOSTON UNIVERSITY SCHOOL OF LAW Associate Dean for Intellectual Life, July 2019-present. Professor of Law (with tenure), May 2016-present. Associate Professor of Law, July 2010-May 2016. Page 2 of 17 HARVARD LAW SCHOOL, HARVARD TRADE UNION PROGRAM, 2019-present. (Co-teach Pensions and Capital Stewardship Course). IDC HERZLIYA, RADZYNER SCHOOL OF LAW Visiting Professor of Law, June 2020. (Scheduled). (Course on my book The Rise of the Working Class Shareholder). TEL AVIV UNIVERSITY LAW SCHOOL, ZVI MEITAR CENTER FOR ADVANCED LEGAL STUDIES Agmon & Co., Rosenberg Hacohen & Co. Visiting Chair in Business Law, December 2017. Visiting Professor of Law, May-June 2016. (Shareholder Litigation). BOSTON COLLEGE LAW SCHOOL Visiting Professor of Law, 2015-16. (Civil procedure). NEW YORK UNIVERSITY SCHOOL OF LAW Leonard Wagner Fellow in Law & Business, August 2008-May 2010. Courses: Securities Regulation, Shareholder Activism, Shareholder Litigation, Civil Procedure, Pensions and Capital Stewardship. EDUCATION NEW YORK UNIVERSITY SCHOOL OF LAW, J.D. Honors: New York University Law Review Lederman/Milbank Fellow in Law and Business COLUMBIA UNIVERSITY, B.A. in History, magna cum laude, Phi Beta Kappa PUBLICATIONS/WORKS IN PROGRESS Books THE RISE OF THE WORKING-CLASS SHAREHOLDER: LABOR’S LAST BEST WEAPON, HARVARD UNIVERSITY PRESS (April 2018). (Presentation information below). THE RESEARCH HANDBOOK ON REPRESENTATIVE SHAREHOLDER LITIGATION, (co-edited with Jessica Erickson, Sean Griffith, and Verity Winship) ELGAR (November 2018). Book Chapters “The Many Purposes of Securities Regulation”, CORPORATE LAW AND ECONOMICS, with Connor Flaherty (ed. Adam Badawi) (forthcoming Edward Elgar 2020). “Lead Plaintiffs and Lead Counsel in Deal Litigation,” RESEARCH HANDBOOK ON MERGERS & ACQUISITIONS, (Eds. Claire Hill & Steven Davidoff Solomon) (Edward Elgar 2015). Articles Wielding Labor’s Capital: Designing Retirement Funds to Amplify Worker Voice, invited Page 3 of 17 submission for conference jointly hosted by NYU and Stanford Law Schools, A NEW DEAL FOR THIS NEW CENTURY: MAKING OUR ECONOMY WORK FOR ALL, (Work in progress) Shareholder Value(S): Index Fund Activism and the New Millennial Corporate Governance, SOUTHERN CALIFORNIA LAW REVIEW, (Forthcoming 2020) (with Michal Barzuza and Quinn Curtis). The Other “Janus” and the Future of Labor’s Capital, VANDERBILT LAW REVIEW, (Invited Symposium Piece) (forthcoming 2019). Reforming Pensions While Preserving Shareholder Voice, BOSTON UNIVERSITY LAW REVIEW (Invited Symposium Piece) (forthcoming 2019) (work in progress). Does the Quality of the Plaintiffs’ Law Firm Matter in Deal Litigation? (previously titled Law Firm Quality, Deal Litigation, and Firm Value) THE JOURNAL OF CORPORATION LAW (Winter 2015) (with Adam Badawi). Yale Law School, Interdisciplinary Law, Economics, and Organization Workshop, (October 8, 2015). Harvard Stanford Yale Junior Faculty Forum, Harvard Law School, June 16-17, 2015. Conference on Empirical Legal Studies at U.C. Berkeley, November 6-7, 2014. Shareholder Litigation Without Class Actions, 57 ARIZONA LAW REVIEW 201 (2015) (Invited Symposium Piece). Fourth Annual Junior Faculty Business and Financial Law Workshop, George Washington University Law School Center for Law, Economics, and Finance, Feb. 27-28, 2015. 2015 AALS Securities Law Section, Washington, D.C., January 3, 2015. The Use and Abuse of Labor’s Capital, 89 NEW YORK UNIVERSITY LAW REVIEW 2106 (2014), http://papers.ssrn.com/ abstract =2380661. Selected by Tax Notes as a Top Ten Pensions and Employee Benefits article for 2014. Private Policing of Mergers and Acquisitions: An Empirical Assessment of Institutional Lead Plaintiffs in Transactional Litigation, 38 DEL. J. CORP. LAW 907 (2014), http://papers.ssrn.com/abstract=1879647. Selected for republication in CORPORATE PRACTICE COMMENTATOR 2014. Conference on Empirical Legal Studies at Stanford Law School, November 8, 2012. The Plight of the Individual Investor in Securities Class Actions, 106 NORTHWESTERN UNIVERSITY LAW REVIEW 157 (2012), http://papers.ssrn.com/abstract=1601982. Cited in Richman v. Goldman Sachs, 274 F.R.D. 473, 475 (S.D.N.Y. 2011). Declaration of Professor Charles Silver Concerning the Reasonableness of Class Counsel's Request for an Award of Attorneys' Fees, In re PAYMENT CARD INTERCHANGE FEE AND MERCHANT DISCOUNT ANTITRUST LITIGATION, 2013 WL 1562407 (E.D.N.Y. April 11, 2013). Page 4 of 17 Is "Pay-to-Play" Driving Public Pension Fund Activism in Securities Class Actions? An Empirical Study, 90 B.U. L. REV. 2031 (2010), http://papers.ssrn.com/abstract=1432497. Selected as one of the top ten securities law papers of the year and reprinted in 2011 SECURITIES LAW REVIEW § 5:1. Reprinted in CORPORATE PRACTICE COMMENTATOR 2011, Vol. 53 page 219 (2011) (issue number 1). American Law and Economics Association, 20th Annual Meeting, Princeton University, May 8, 2010. Cited in Reitan v. China Mobile Games and Entertainment Group, Ltd., --F. Supp. 3d – (2014), 2014 WL 6491433, Nos. 14–CV–4471 (KMW), 14–CV–4745 (KMW) (Nov. 20, 2014). Cited in In re Del Monte Foods Company Shareholders Litigation, C.A. No. 6027-VCL, 2010 WL 5550677 (Del. Ch. Dec. 31, 2010). Cited in In re Countrywide Securities Litigation, 273 F.R.D. 586, 604 (C.D. Cal. 2009). Cited in Brief of Amicus Curiae AARP in Support of Respondent, Amgen Inc., et al. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, United States Supreme Court, On Writ of Certiorari To the United States Court of Appeals for the Ninth Circuit (2011). Book Reviews Are We Ready for the Next Recession? A Review of Yair Listokin’s LAW AND MACROECONOMICS. JERUSALEM REVIEW OF LEGAL STUDIES, (Forthcoming 2020). INVITED PRESENTATIONS Shareholder Value(S): Index Fund Activism and the New Millennial Corporate Governance American Association of Law Schools Conference, Securities Law Section, Jan. 2, 2020. UCLA-Bucerius Joint Workshop: “Corporate Governance in A Populist Era.” March 13 & 14, 2020. The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon Book Symposiums Law and Society Conference, Author Meets Reader, May 31, 2019 (Commentators: Wendy Couture, Jared Kroncke, Darren Rosenblum, Jay Varellas). University of Minnesota School of Law, (April 5, 2019). (Commentators Brett McDonnell and Daniel Pedrotty). University of California Hastings College of Law, (March 11, 2019) (Commentators Evan Epstein, Reuel Schiller). Tel Aviv University School of Law, (December 30, 2018) (Commentators Leora Bilsky, Ron Harris, Ehud Kamar, Lilach Lurie). King’s College London, Oct. 23, 2018. (Commentator: Ewan McCaughey (King’s College London). Brooklyn Law School, April 18, 2018 (Commentators: Miriam Baer (Brooklyn Law) and K. Page 5 of 17 Sabeel Rahman (Brooklyn Law and Demos). Boston University School of Law, April 9, 2018, Boston, MA (Commentators: Kent Greenfield (Boston College Law), Frank Partnoy (Berkeley Law School), Jennifer Taub (Vermont Law School). Book Talks (Academic and Professional) 9th Annual Employee Benefits and Social Insurance Conference, Boston College Law School, October 18, 2019. Massachusetts AFL-CIO Constitutional Convention, September 26, 2019. Financial Transparency Task Force, Boston, MA, September 12, 2019. National Education Association Annual Meeting, Houston Marriott, July 3, 2019. Florida Public Pension Trustee Association, Keynote, July 1, 2019. World Pensions Conference, May 24, 2019, Keynote, Brussels, Belgium. International
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