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 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 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 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 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 The Gatekeepers of Shareholder Litigation written by Jessica Erickson and published by . This book was released on 2018 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns over agency costs dominate corporate law. The central challenge in corporate law is ensuring that directors act in the corporation's best interests, rather than their own best interests. Shareholder litigation is a key tool in controlling these agency costs, allowing shareholders to sue if directors overstep legal limits. Shareholder litigation, however, has agency costs of its own because most shareholder plaintiffs lack sufficient incentives to closely monitor these lawsuits. As a result, plaintiffs' attorneys can make litigation decisions that benefit themselves at the expense of their shareholder clients. This concern arises in nearly all types of shareholder litigation--from shareholder derivative suits to securities class actions and merger cases. Regardless of the underlying law, shareholder litigation faces a common need for a gatekeeper to monitor and oversee these cases.Yet, despite this shared problem, different types of shareholder litigation use very different gatekeepers. In securities class actions, Congress put its trust in institutional investors. In derivative suits, the law relies on corporate boards. And in merger cases, the law depends on greater oversight by judges in their review of settlements coupled with greater power for corporations to screen these lawsuits ex ante in their bylaws and charters. This Article, written for the OKLAHOMA LAW REVIEW's symposium on Confronting New Market Realities: Implications for Stockholder Rights to Vote, Sell, and Sue, explores why corporate law has chosen different gatekeepers for different types of shareholder litigation. It then argues that the legal system should look for ways to use a greater mix of gatekeepers in these cases.
Download or read book Class Actions and Other Multi party Litigation in a Nutshell written by Robert H. Klonoff and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
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 Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Research Handbook on Shareholder Inspection Rights written by Randall S. Thomas and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.
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 Business Associations written by William A. Klein and published by . This book was released on 2000 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: Important features of Business Associations, Fourth Edition, include: * Complete & developed materials on agency & partnership reflecting the authors' view that a good background in agency & partnership principles is important for its own sake, & for the study of corporate law * Problems helpful in illustrating material * Attention to the lawyer as planner, as opposed to litigator or critic.
Download or read book Class Actions and Other Multi party Litigation in a Nutshell written by Robert H. Klonoff and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--
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 Alternative Dispute Resolution of Shareholder Disputes in Hong Kong written by Ida Kwan Lun Mak and published by Cambridge University Press. This book was released on 2019-12-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Download or read book Legal and Ethical Environment of Business written by Gerald R. Ferrera and published by Aspen Publishing. This book was released on 2018-03-09 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on ethics in every aspect of the business environment, The Legal and Ethical Environment of Business, Second Edition by Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner and Jonathan Darrow, prepares students to work within current industry norms, practices, and legislation. Ethics coverage is integrated throughout the book and featured in nearly every chapter. Ethical theory is interwoven with practical applications using several novel pedagogical tools developed to promote focused, thoughtful inquiry and to highlight the interplay of ethics and law. The book also meets the needs of students who will be facing an increasingly international business environment. Integrated coverage of international issues goes beyond comparative law topics and includes substantial coverage of central topics in international business law, such as, bribery and the Foreign Corrupt Practices Act, key provisions of the Convention on Contracts for the International Sales of Goods, and a comparison of the Uniform Commercial Code and the UN Convention on Contracts for the International Sale of Goods. Key Features: Excellent, pragmatic discussion of business organization implications and legal aspects of expanding a U.S. business internationally Crisp, thorough coverage of the Foreign Corrupt Practices Act, with contextual material on corruption effects on society and business, as well as explanation of the law and examples Readable, concise explanation of financing international business transactions, including overview of international debtor-creditor issues, risks specific to international transactions and description of the Letter of Credit process
