Clauses & Controversies
Clauses & Controversies
Mitu Gulati & Mark Weidemaier
Ep 172 - If Only YPF’s Bylaws Had Been Governed by Texas Law
37 minutes Posted Apr 13, 2026 at 11:21 am.
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If Only YPF’s Bylaws Had Been Governed by Texas Law
And… poof! The sound of a $16 billion judgment going up in smoke. We talk about the Second Circuit’s decision in the YPF case, which we read largely as a way to make an excessively large judgment disappear without ruling on any difficult (and recurring) issues of US law. YPF’s shareholders got screwed, but then again their rights were governed by Argentine law. Even in foreign courts, it is hard to win when the sovereign gets to set the rules. We also talk about those fun-lovin’ Texas legislators. Pardner, everything’s bigger in Texas. Except the pre-judgment interest rate. That there is just a whole lot smaller. Has been for 30 some years.
Producer: Leanna Doty