Shareholder Derivative Litigation

Author : Ralph C. Ferrara,Kevin T. Abikoff,Laura Leedy Gansler
Publisher : Law Journal Press
Page : 1180 pages
File Size : 47,6 Mb
Release : 2013-08-28
Category : Business & Economics
ISBN : 1588520684

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Shareholder Derivative Litigation by Ralph C. Ferrara,Kevin T. Abikoff,Laura Leedy Gansler Pdf

Written for both the expert and the novice, this book not only reviews the legal framework for derivative actions but also provides a practical guide to the application of legal principles. Shareholder Derivative Litigation: Besieging the Board reviews each of the legal doctrines relevant to derivative actions, including the demand and standing requirements, potential board responses to demands, the use of special litigation committees, procedural issues in derivative litigation and the business judgment rule's application to derivative litigation. This comprehensive legal study features an up-to-date listing of state derivative action statutes and rules, plus analysis of other significant developments, such as the effect of the Dodd-Frank Wall Street Reform and Consumer Protection Act on shareholder derivative litigation and recent case law concerning the demand requirement and attorneys' fees. It also delivers a wealth of useful working tools, including an easy to follow flow chart, relevant code sections and model forms.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2011
Category : Stockholders' derivative actions
ISBN : OCLC:743216823

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Shareholder Derivative Litigation by Anonim Pdf

Author : Ralph C. Ferrara,Kevin T. Abikoff,Julia D. Pizzi,Laura Leedy Gansler
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2024-07-01
Category : Stockholders' derivative actions
ISBN : 1588523446

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Shareholder Derivative Litigation by Ralph C. Ferrara,Kevin T. Abikoff,Julia D. Pizzi,Laura Leedy Gansler Pdf

Author : Deborah A. DeMott
Publisher : Clark Boardman Callaghan
Page : 128 pages
File Size : 40,6 Mb
Release : 1990-12-01
Category : Electronic
ISBN : 0685176932

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Shareholder Derivative Actions by Deborah A. DeMott Pdf

Author : Dan W. Puchniak,Harald Baum,Michael Ewing-Chow
Publisher : Cambridge University Press
Page : 477 pages
File Size : 45,5 Mb
Release : 2012-06-28
Category : Business & Economics
ISBN : 9781107012271

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The Derivative Action in Asia by Dan W. Puchniak,Harald Baum,Michael Ewing-Chow Pdf

In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.

Author : Dan W. Puchniak,Harald Baum,Michael Ewing-Chow
Publisher : Cambridge University Press
Page : 477 pages
File Size : 44,5 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781139510592

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The Derivative Action in Asia by Dan W. Puchniak,Harald Baum,Michael Ewing-Chow Pdf

This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.

Author : Anonim
Publisher : Unknown
Page : 288 pages
File Size : 47,7 Mb
Release : 1985
Category : Securities
ISBN : UVA:X001049037

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Shareholder Litigation by Anonim Pdf

Author : Georgios Zouridakis
Publisher : Routledge
Page : 204 pages
File Size : 55,5 Mb
Release : 2019-11-26
Category : Business & Economics
ISBN : 9781000757507

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Shareholder Protection Reconsidered by Georgios Zouridakis Pdf

This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.

Author : Sean Griffith,Jessica Erickson,David H. Webber,Verity Winship
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 50,7 Mb
Release : 2018-11-30
Category : LAW
ISBN : 9781786435347

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Research Handbook on Representative Shareholder Litigation by Sean Griffith,Jessica Erickson,David H. Webber,Verity Winship Pdf

Written by leading scholars and judges in the field, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It explores how related issues are addressed across the globe, with examinations of shareholder litigation in the United States, Canada, the United Kingdom, the European Union, Israel, and China. This Research Handbook will be an invaluable resource on this important topic for scholars, practitioners, judges and legislators.

Author : Frank H. Easterbrook,Daniel R. Fischel
Publisher : Harvard University Press
Page : 386 pages
File Size : 41,5 Mb
Release : 1996
Category : Business & Economics
ISBN : 0674235398

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The Economic Structure of Corporate Law by Frank H. Easterbrook,Daniel R. Fischel Pdf

This text argues that the rules and practices of corporate law mimic contractual provisions that parties involved in corporate enterprise would reach if they always bargained at zero cost and flawlessly enforced their agreements. It states that corporate l

Author : Lang Thai
Publisher : Taylor & Francis
Page : 240 pages
File Size : 51,5 Mb
Release : 2023-09-22
Category : Law
ISBN : 9781000958553

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Corporate Governance and Statutory Derivative Actions by Lang Thai Pdf

This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.

Author : Wenjing Chen
Publisher : Springer
Page : 264 pages
File Size : 45,7 Mb
Release : 2017-04-25
Category : Law
ISBN : 9789811036231

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A Comparative Study of Funding Shareholder Litigation by Wenjing Chen Pdf

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

Author : Joan Loughrey
Publisher : Edward Elgar Publishing
Page : 271 pages
File Size : 52,6 Mb
Release : 2013-01-01
Category : Business & Economics
ISBN : 9780857939661

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Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis by Joan Loughrey Pdf

ÔThis book takes us back to the financial crisis and asks: should the directors of the financial institutions that caused the crisis be held responsible to their investors? LoughreyÕs and her contributorsÕ analysis of that question and the suggestions to implement their proposals are insightful and timely. This is a must-read book for those of us who are still trying to determine how to avoid the next financial crisis.Õ Ð Randall Thomas, Vanderbilt Law School, US The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties. This book assesses whether the law relating to directorsÕ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006. With contributions from leading academics and practitioners, the book examines the directorÕs duty of care and skill, the s.172 duty, reporting obligations under s.417 of the Companies Act 2006, and shareholder litigation including the derivative action and just and equitable winding up. It concludes that neither the common law nor the statutory duties and derivative action under the Companies Act 2006 function effectively to hold directors to account and analyses why this is so. This detailed book will appeal to academics in company law and corporate governance as well as commercial law practitioners particularly those who specialize in company litigation.

Author : John C. Coffee
Publisher : Harvard University Press
Page : 318 pages
File Size : 44,6 Mb
Release : 2015
Category : History
ISBN : 9780674736795

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Entrepreneurial Litigation by John C. Coffee Pdf

In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

Author : Charles Crompton,Dana J. Dunwoody,Jon S. Tigar
Publisher : Unknown
Page : 128 pages
File Size : 50,5 Mb
Release : 2005-01
Category : Actions and defenses
ISBN : 0820558710

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Matthew Bender Practice Guide by Charles Crompton,Dana J. Dunwoody,Jon S. Tigar Pdf