Download or read book Shareholder Derivative Litigation written by Ralph C. Ferrara and published by Law Journal Press. This book was released on 2013-08-28 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Shareholder Derivative Litigation written by and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Derivative Action in Asia written by Dan W. Puchniak and published by Cambridge University Press. This book was released on 2012-06-28 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.
Download or read book Shareholder Derivative Actions written by Deborah A. DeMott and published by . This book was released on 1987 with total page 1402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Shareholder Derivative Litigation written by Ralph C. Ferrara and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Shareholder Protection Reconsidered written by Georgios Zouridakis and published by Routledge. This book was released on 2019-11-26 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Shareholder Litigation written by and published by . This book was released on 1985 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Representative Shareholder Litigation written by Sean Griffith and published by Edward Elgar Publishing. This book was released on 2018 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Shareholder Derivative Litigation and the Preclusion Problem written by George S. Geis and published by . This book was released on 2014 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Shareholder Derivative Suit written by Michelle Kramish Kain and published by . This book was released on 1987 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Economic Structure of Corporate Law written by Frank H. Easterbrook and published by Harvard University Press. This book was released on 1996 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Shareholder Derivative Litigation and Corporate Governance written by Mark Loewenstein and published by . This book was released on 1999 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the quot;benefitquot; obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be approved unless the settlement (a) generates a common fund out of which such fees may be paid, (b) produces an intangible benefit reasonably susceptible of valuation, or (c) reflects a strong nexus between the relief sought in the complaint and the relief obtained.
Download or read book A Comparative Study of Funding Shareholder Litigation written by Wenjing Chen and published by Springer. This book was released on 2017-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Business Judgment Rule in Shareholder Derivative Litigation written by Dennis J. Block and published by . This book was released on 1988 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Corporation s Role in Shareholder Derivative Litigation written by Jerold S. Solovy and published by . This book was released on 1989 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Governance and Statutory Derivative Actions written by Lang Thai and published by Taylor & Francis. This book was released on 2023-09-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Un Changing Derivative Suit written by Jessica Erickson and published by . This book was released on 2018 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate litigation has changed dramatically over the past twenty-five years. In 1995, Congress adopted the Private Securities Litigation Reform Act, which made it much harder for shareholders to file securities class actions. Delaware courts recently announced that they will review settlements in merger class actions much more strictly. And boards of directors are now empowered to include new rules for shareholder lawsuits in corporate charters and bylaws. Yet one type of shareholder lawsuit has stayed largely untouched from these legal developments -- shareholder derivative suits. These suits face the same problems today that they have faced for decades, despite garnering little attention from legal reformers. This book chapter first explains how shareholder derivative suits have stayed under the legal radar for so long. It then argues that the time has come for the legal system to re-examine its approach to these suits.
