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Shareholder Derivative Litigation


Shareholder Derivative Litigation
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Shareholder Derivative Litigation


Shareholder Derivative Litigation
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Author : Ralph C. Ferrara
language : en
Publisher: Law Journal Press
Release Date : 2013-08-28

Shareholder Derivative Litigation written by Ralph C. Ferrara and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-28 with Business & Economics categories.


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.



Shareholder Derivative Litigation Besieging The Board


Shareholder Derivative Litigation Besieging The Board
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Author : Ralph C. Ferrara
language : en
Publisher:
Release Date : 2018

Shareholder Derivative Litigation Besieging The Board written by Ralph C. Ferrara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.


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.



Shareholder Derivative Litigation


Shareholder Derivative Litigation
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Author :
language : en
Publisher:
Release Date : 2011

Shareholder Derivative Litigation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Stockholders' derivative actions categories.




The Derivative Action In Asia


The Derivative Action In Asia
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Author : Dan W. Puchniak
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28

The Derivative Action In Asia written by Dan W. Puchniak and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.


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.



Shareholder Derivative Litigation In China


Shareholder Derivative Litigation In China
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Author : (Robin) Hui Huang
language : en
Publisher:
Release Date : 2015

Shareholder Derivative Litigation In China written by (Robin) Hui Huang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.


This paper presents the results of a comprehensive empirical study on China's derivative suits as introduced in the 2005 Company Law reform that provides insight into the way Chinese courts have interpreted and applied this remedy. It is found that the statutory regime appears to have had a noticeable impact in terms of the number of cases brought thereunder and the benefits realized from them. However, the key finding that all cases involve private companies comes as a disappointment given the intended role of China's derivative suits in improving the corporate governance of public companies. The study also produces other important findings on various aspects of the derivative suit remedy. From a comparative perspective, the empirical findings are analysed and based on such analysis, reform proposals are set out to enhance the efficacy of the regime of shareholder derivative suits in China.



Shareholder Litigation


Shareholder Litigation
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Author :
language : en
Publisher:
Release Date : 1985

Shareholder Litigation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Securities categories.




Shareholder Derivative Litigation And The Preclusion Problem


Shareholder Derivative Litigation And The Preclusion Problem
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Author : George S. Geis
language : en
Publisher:
Release Date : 2014

Shareholder Derivative Litigation And The Preclusion Problem written by George S. Geis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.




Shareholder Derivative Actions


Shareholder Derivative Actions
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Author : Deborah A. DeMott
language : en
Publisher:
Release Date : 2012

Shareholder Derivative Actions written by Deborah A. DeMott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Stockholders categories.




Shareholder Protection Reconsidered


Shareholder Protection Reconsidered
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Author : Georgios Zouridakis
language : en
Publisher: Routledge
Release Date : 2019-11-26

Shareholder Protection Reconsidered written by Georgios Zouridakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Business & Economics categories.


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.



Corporate Governance And Statutory Derivative Actions


Corporate Governance And Statutory Derivative Actions
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Author : Lang Thai
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-22

Corporate Governance And Statutory Derivative Actions written by Lang Thai and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-22 with Law categories.


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.