A 122(18) Research Agenda, cont'd

Building off Lucien Bebchuk's post at HLS Corporate Governance Blog about the unintended effects of §122(18), here's an expanded research agenda. This time we can look at the impact of §122(18) on settlements with activists both before and after passage:

• How many arbitration provisions in settlement agreements? What law?
• Does settlement agreement require nomination and support of activist nominees?
• Does settlement agreement require pre-approval by activist for certain corporate activities?
• Does the settlement agreement 'covenant' the board to undertake certain activities (e.g. spin-off, dividend, etc.)?
• What's the tail end control for activist? How many shares must he own for obligation to continue?
• Catalog differences, if any, in terms among Delaware and non-Delaware firms.  

-bjmq