Elisabeth de Fontenay

Forthcoming

Private Equity for All: The Paradoxical Push to Democratize Private Markets, Duke Law Journal (forthcoming) (with William W. Clayton)
Shareholder Control and the Delaware Dilemma, Yale Journal on Regulation (forthcoming)
Research Handbook on the Structure of Private Equity and Venture Capital (Edward Elgar Publishing, forthcoming) (editor with Brian Broughman)

Works in Progress

The Value of M&A Drafting (January 25, 2023) (with others)
Contractual Complexity in Debt Agreements: The Case of EBITDA (June 20, 2019) (with Adam B. Badawi)
Market Information and the Elite Law Firm (April 4, 2017)

Articles & Essays

Corporate Governance in the Private-Markets Era, in The Oxford Handbook of Corporate Law and Governance, 2nd ed. (Jeffrey N. Gordon & Wolf-Georg Ringe eds., 2025)
The Credit Markets Go Dark, 134 Yale Law Journal 779-857 (2025) (with Jared A. Ellias)
Law and Courts in an Age of Debt, 171 University of Pennsylvania Law Review 2025-2057 (2023) (with Jared A. Ellias)
Side Letter Governance, 100 Washington University Law Review 907-994 (2023) (with Yaron Nili)
The Use of Debt in Corporate Finance, in Corporate Law and Economics 179-206 (Adam B. Badawi ed., 2023)
The $900 Million Mistake: In re Citibank August 11, 2020 Wire Transfers (S.D.N.Y. Feb. 16, 2021), 16 Capital Markets Law Journal 307-313 (2021)
The New Public/Private Equilibrium and the Regulation of Public Companies, 2021 Columbia Business Law Review 1199-1243 (2021) (with Gabriel Rauterberg)
Complete Contracts in Finance, 2020 Wisconsin Law Review 533-552 (2020)
Windstream and Contract Opportunism, 15 Capital Markets Law Journal 443-452 (2020)
Written Testimony Before the United States House of Representatives Committee on Financial Services Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, “Examining Private Market Exemptions as a Barrier to IPOs and Retail Investment, 2019)
Is There a First-Drafter Advantage in M&A? , 107 California Law Review 1119-1172 (2019) (with Adam B. Badawi)
Private Equity’s Governance Advantage: A Requiem, 99 Boston University Law Review 1095-1122 (2019)
The Sovereign-Debt Listing Puzzle, 71 Oxford Economic Papers 472-495 (2019) (with others)
Individual Autonomy in Corporate Law, 8 Harvard Business Law Review 183-225 (2018)
Pricing Sovereign Debt: Foreign Versus Local Parameters, 24 European Financial Management 261-297 (2018) (with others)
The Myth of the Ideal Investor, 41 Seattle University Law Review 425-447 (2018)
The Deregulation of Private Capital and the Decline of the Public Company, 68 Hastings Law Journal 445-502 (2017)
Agency Costs in Law-Firm Selection: Are Companies Under-Spending on Counsel?, 11 Capital Markets Law Journal 486-509 (2016)
Law Firm Selection and the Value of Transactional Lawyering, 41 Journal of Corporation Law 393-430 (2015)
Do the Securities Laws Matter? The Rise of the Leveraged Loan Market, 39 Journal of Corporation Law 725-768 (2014)
Private Equity Firms as Gatekeepers, 33 Review of Banking & Financial Law 116-189 (2014)

Newspaper Articles and Commentary

“CFIUS: A Primer” (Everyone Needs to Be Aware of the Growing Importance of This Major National Security Tool!), Lawfire (September 29, 2021)
Norms, Law, and Contract in the Loan Market, Loans Magazine (January 1, 2021)
The Last Days of Stock Exchange Listings for Sovereign Bonds?, FinReg Blog (November 7, 2016) (with others)
Putting the Securities Laws to the Test: The Long-Standing Approach to Federal Securities Regulation is Not Working, 37 Regulation (November 1, 2014)

Directory

Bibliography

Forthcoming

Works in Progress

Articles & Essays

Newspaper Articles and Commentary