Jack B. Jacobs
JACK JACOBS has more than 45 years of legal experience most notably serving on the Delaware Supreme Court from 2003–2014, and before that, as Vice Chancellor of the Delaware Court of Chancery since 1985. Before his appointment as Vice Chancellor, he practiced corporate and business litigation in Wilmington since 1968. Former Justice Jacobs is currently an Adjunct Professor of Law at the Law Schools of New York University, Columbia University, Vanderbilt University and the University of Pennsylvania. His practice includes advising companies and boards of directors on Delaware law issues, including fiduciary duties and with respect to mergers and acquisitions. Former Justice Jacobs is also available for mediation and arbitration proceedings and Special Committee and Special Litigation Committee investigations and monitorships in response to shareholder demands or government requirements. Former Justice Jacobs is recognized in the 2016 and 2017 editions of The Best Lawyers in America.
- (Co-authored with) S. Patrick Kelly, “Clarifying the Meaning of ‘Stockholder’ for a Section 220 Action,” Delaware Business Court Insider (2016)
- Sidley Perspectives on M&A and Corporate Governance – December Edition (2015)
- “One More Step Toward Unified Business Judgment Review,” Law360 (December 2015)
- Sidley Perspectives on M&A and Corporate Governance – August Edition (2015)
- “Delaware Tightens Scrutiny of Director Compensation,” Law360 (June 2015)
- “Delaware’s Rapid Arbitration Act: What You Need to Know When Evaluating DRAA Arbitration and Drafting the Arbitration Agreement,” BNA's Corporate Law & Accountability Report (2015)
- “Fifty Years of Corporate Law Evolution: A Delaware Judge’s Retrospective,” 5 Harv. Bus. L. Rev. 101 (2015)
- (Co-authored with) Hille R. Sheppard, “Delaware’s General Corporation Law: Proposed Changes,” Corporate Counsel (2015)
- “Does The New Corporate Shareholder Profile Call For A New Corporate Law Paradigm?,” Fordham Journal of Corporate & Financial Law, Vol. 18 (2012)
- “‘Patient Capital’: Can Delaware Corporate Law Help Revive It?,” Washington & Lee Law Review, Vol. 68 (2011)
- “The Evolution Of Hostile Takeover Regimes In Developed And Emerging Markets: An Analytical Framework,” Harvard International Law Journal, Vol. 51, No. 1 (2011)
- “The Reach of State Corporate Law Beyond State Borders: Reflections Upon Federalism,” New York University Law Review, Vol. 84 (2009)
- “The Vanishing Substance-Procedure Distinction In Contemporary Corporate Litigation,” Suffolk University Law Review, Vol. 41 (2007)
- “The Fiduciary Duty of Disclosure After Dabit,” Maryland Journal of Business & Technology, Vol. 2 (2007)
- “Implementing Japan’s New Takeover Defense Guidelines: Part II,” University of Tokyo Journal of Law & Politics, Vol. 3 (2006)
- “Implementing Japan’s New Anti-Takeover Defense Guidelines, Part I,” New York University Journal of Law & Business, Vol. 2 (2006)
- “The Uneasy Truce Between Law & Equity In Modern Business Enterprise Jurisprudence,” Delaware Law Review, Vol. 8 (2005)
- “Entity Rationalization: A Judge’s Perspective,” Business Lawyer, Vol. 58 (2003)
- (Co-authored with) William T. Allen and Leo E. Strine, Jr., “Realigning The Standard of Review of Director Due Care With Delaware Public Policy: A Critique of Van Gorkum & Its Progeny as a Standard of Review Problem,” Northwestern University Law Review, Vol. 96 (2002)
- (Co-authored with) William T. Allen and Leo E. Strine, Jr., “The Great Takeover Debate: A Meditation On Bridging The Conceptual Divide,” University of Chicago Law Review, Vol. 69 (2002)
- (Co-authored with) William T. Allen and Leo E. Strine, Jr., “Function Over Form: A Reassessment of Standards of Review in Delaware Corporate Law,” Delaware Journal of Corporate Law 859, Vol. 26, (2001). (Also published in Business Lawyer, Vol. 56) (2001)
- “Comments on Contestability,” University of Miami Law Review, Vol. 54 (2000)
Former Justice Jacobs is a member of the American Law Institute and served as an advisor to the Restatement (3rd) of Restitution project, and currently, on its Principles of the Law, Compliance, Enforcement and Risk Management for Corporations, Nonprofits, and Other Organizations project. He is also a member of the Delaware and American Bar Associations, a fellow of the American Bar Foundation and an Advisory Board Member of the Rand Center for Corporate Ethics and Governance. Former Justice Jacobs also serves as a member of the Board of Advisors of the University of Pennsylvania Law School Institute for Law and Economics, and as a member of the advisory board of the Harvard Law School Program on Corporate Governance.
Former Justice Jacobs has participated in numerous academic symposia and continuing legal education programs related to corporate and securities law sponsored by various law schools and continuing legal education programs related to corporate and securities law. He also has been a guest lecturer at numerous American and foreign law schools, having delivered the Distinguished Jurist Lecture at the University of Pennsylvania Law School; the Regent’s Lecture in Residence at the UCLA Law School; and the William J. Brennan Lecture at NYU School of Law, and as the Distinguished Visiting Jurist at the Harvard Law School Corporate Governance Program.
- Panelist, “Key Choice of Law Considerations: Do You Really Have a Choice?” International Aspects of Hedge Fund and Capital Markets Litigation, New York State Bar Association and Sidley Austin LLP (New York, New York, May 2016).
- Panelist, “Important Recent Cases and Upcoming Issues,” NYCLA’s Center for Corporate Governance Inaugural Program: The Significance of Recent Developments in Delaware Corporate Governance Law and What Practitioners and Their Clients Need to Know (New York, New York, May 2016).
- Panelist, “Revlon After 30,” Institute of Law and Economics: Spring Corporate Law Roundtable (Philadelphia, Pennsylvania, May 2016).
- Panelist, “Hedge Fund Activism,” Center on Corporate Governance: 2016 Annual Securities Regulation Conference (New York, New York, April 2016).
- Panelist, “Recent Developments for Directors and Their Advisers in Breaches of Fiduciary Duty Concerning M&A Scenarios,” Seventh Annual Citadel Directors’ Institute (Charleston, South Carolina, April 2016).
- Panelist, “Developments in Delaware Shareholder Litigation,” American Law Institute Securities and Shareholder Litigation 2016: Cutting-Edge Developments, Planning, and Strategy (New York, New York, March 2016).
- Panelist, “Legal Ethics Issues in Corporate Governance,” Third Annual Law Issues Update (Wilmington, Delaware, November 2015).
- Speaker, “An Effective Board: Pipe Dream or Reality?” Stanford Law School (October 2015).
- Speaker, “Law Enforcement Cooperation, Defense and Requests for Data,” Sixth Annual Bay Area General Counsel Roundtable (Bay Area, California, September 2015).