ד"ר יעקב קסטיאל

סגל אקדמי בכיר במנהלת הפקולטה למשפטים
מנהלת הפקולטה למשפטים סגל אקדמי בכיר
ד"ר יעקב קסטיאל
משרד: טרובוביץ משפ, 320

Biography

Kobi Kastiel is a tenured, Associate Professor at Tel Aviv University, Faculty of Law. He also serves as a Senior Fellow at the Harvard Law School Program on Corporate Governance, and as a Lecturer of Law at Harvard Law School. Kastiel teaches and researches in the fields of  corporate law, corporate governance, comparative corporate law, financial and securities regulation, with a particular focus on public companies with controlling shareholders, and shareholder activism. Kastiel earned his S.J.D. and LL.M. from Harvard Law School, where he also served as a John M. Olin Fellow in Law and Economics and as a fellow at the Program on Corporate Governance. He also holds an LL.B. degree (magna cum laude) and B.A. degree in economics from Tel Aviv University. Prior to joining Tel-Aviv University, he was a Research Director at the Harvard Law School Program on Corporate Governance, and a Co-Editor of the Harvard Law School Forum on Corporate Governance and Financial Regulation. He also practiced for four years in the corporate group of a top New York law firm, and clerked on the Israeli Supreme Court.

CV

Education

2016

S.J.D., Harvard Law School, Cambridge, MA

2008

LL.M., Harvard Law School, Cambridge, MA

2005

LL.B. (magna cum laude), Faculty of Law, Tel Aviv University

2005

B.A., School of Economics, Tel Aviv University

 

Academic Appointments

2020-Present

Buchmann Faculty of Law, Tel-Aviv University, Associate Professor

2018-2020

Buchmann Faculty of Law, Tel-Aviv University, Assistant Professor

2018-2020  Lecturer on Law, Harvard Law School

 

Former Positions

2016-2018

Research Director, The Project on Controlling Shareholders, Harvard Law School Program on Corporate Governance

2008-2012

Paul, Weiss, Rifkind, Wharton & Garrison LLP, Corporate Associate

2005-2007

Israel Supreme Court, Law Clerk to Justice Asher D. Grunis (formerly the Chief Justice of the Supreme Court) and Senior Law Clerk to Justice Salim Joubran

 

Full CV (pdf)

Research Interests

Corporate Law, Corporate Governance, Controlling Shareholders, Mergers and Acquisitions, Corporate Reorganization, Economic Analysis of the Law, Political Economy, Comparative Corporate Law

Representative Publications

The Rise of Bankruptcy Directors, Southern California Law Review (2022), Forthcoming (with Jared Elias and Ehud Kamar)

 

Lucian Bebchuk and the Study of Corporate Governance, Chicago Law Review (2021)

-  Prepared for an upcoming issue of The University of Chicago Law Review on the most-cited legal scholars

 

The Corporate Governance Gap, Yale Law Journal (2022), Forthcoming (with Yaron Nili)

 

For Whom Corporate Leaders Bargain, Southern California Law Review (2021), Forthcoming (with Lucian Bebchuk and Roberto Tallarita)

 

The Giant Shadow of Corporate Gadflies, 94 Southern California Law Review (2021), Forthcoming (with Yaron Nili)

 

Competing for Votes, 10 Harvard Business Law Review (2020) (with Yaron Nili)

 

Long Term Bias, Incentives, and Agency CostsColumbia Business Law Review (2020)

-  Invited comment to Michal Barzuza and Eric Talley’s article, Long-Term Bias.

 

Corporate Governance by Index Exclusion, 99 Boston University Law Review 1229-78 (2019) (with Scott Hirst)

 

The Perils of Small-Minority Controllers, Georgetown Law Journal (2019), Forthcoming (with Lucian A. Bebchuk)

 

Global Antitakeover Devices, 36 Yale Journal on Regulation 117-164 (2018) (with Adi Libson)

 

The 'Hidden' Tax Cost of Executive Compensation, 70 Stanford Law Review Online 179 (2018) (with Noam Noked)

 

The Untenable Case for Perpetual Dual-class Stock, Virginia Law Review (2017), Forthcoming 
(with Lucian A. Bebchuk)
 

“Captured Boards”: The Rise of "Super Directors" and the Case for a Board Suite, Wisconsin Law Review (2017), Forthcoming (with Yaron Nili)
-  Won the Best Paper Award, Weinberg Center’s 2017 Corporate Governance Symposium

 

In Search of the “Absent Shareholders”: A New Solution to Retail Investors’ Apathy, 41 Delaware Journal of Corporate Law 55 (2016) (with Yaron Nili)
 

Against All Odds: Hedge Fund Activism in Controlled Companies, 16 Columbia Business Law Review 60 (2016)
-  Won the HLS Victor Brudney Prize for an outstanding paper in the area of corporate law

 

Executive Compensation in Controlled Companies, 90 Indiana Law Journal 1,131 (2015)
 -  Won the HLS John M. Olin Prize for an outstanding paper in the area of law & economics

 

Publications in Hebrew:

 

Nomination of Directors in Israel: Theory, Evidence, Policy, Hebrew University Law Review (2022) (with Asaf Eckstein)

 

Derivative Lawsuits in Israel, Law & Business (2021), Forthcoming (with Assaf Hamdani and Maayan Weisman)

-  Invited Article for a special volume celebrating 10 years to the Economic Division

 

Diffused Ownership, Control and Director Appointments by Institutional InvestorsColman Law Review (2021), Forthcoming (with Assaf Hamdani)

-  Invited Article for a special volume celebrating 20 years to Israeli Companies Law

 

Authority without Liability? A Response to Proposal to Eliminate Officers' Liability under Insolvency Law, 43 Tel Aviv Law Review (2020) (with Ehud Kamar)

 

Calculating Expectation Damages in Risk-Intensive Ventures47 Hebrew University Law Review 413 (2018), (with Yotam Kaplan).

 

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