Shareholder Litigation
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A Comparative Study Of Funding Shareholder Litigation
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Author : Wenjing Chen
language : en
Publisher: Springer
Release Date : 2017-04-25
A Comparative Study Of Funding Shareholder Litigation written by Wenjing Chen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-25 with Law categories.
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.
Research Handbook On Representative Shareholder Litigation
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Author : Sean Griffith
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-11-30
Research Handbook On Representative Shareholder Litigation written by Sean Griffith and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with LAW categories.
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.
Directors Duties And Shareholder Litigation In The Wake Of The Financial Crisis
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Author : Joan Loughrey
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Directors Duties And Shareholder Litigation In The Wake Of The Financial Crisis written by Joan Loughrey and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Business & Economics categories.
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.
Shareholder Litigation
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Author : Roger J. Magnuson
language : en
Publisher:
Release Date : 2008
Shareholder Litigation written by Roger J. Magnuson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Securities categories.
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.
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.
Ensuring Corporate Misconduct
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Author : Tom Baker
language : en
Publisher: University of Chicago Press
Release Date : 2011-01-15
Ensuring Corporate Misconduct written by Tom Baker and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-15 with Law categories.
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws. As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.
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.
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong
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Author : Ida Kwan Lun Mak
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-19
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong written by Ida Kwan Lun Mak 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 2017-10-19 with Law categories.
Uses an interdisciplinary and empirical approach to analyze the process of institutionalizing alternative dispute resolution (ADR) for shareholder disputes in Hong Kong.
A Practical Guide To Shareholder Disputes In Family Businesses
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Author :
language : en
Publisher:
Release Date : 2021-03-22
A Practical Guide To Shareholder Disputes In Family Businesses written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-22 with categories.
A Practical Guide to Shareholder Disputes in Family Businesses is a collation of key legal principles and practical advice for those tasked with resolving such disputes. Whilst many of the issues faced are typical of all shareholder disputes, family businesses are different and the approach taken needs to reflect that difference. ABOUT THE AUTHOR Ed Weeks is a solicitor and head of the commercial dispute resolution team at Cripps LLP. He has been resolving shareholder disputes for over 20 years and is recognised as an expert in this field. Family businesses are particularly susceptible to such disputes and he has gained particular expertise and insight in how to approach such disputes and the specific issues that arise. Ed is ranked as a leading individual for dispute resolution in the Legal 500 directory and won the Dispute Resolution, Individual (outside of London) award in the 2020 Legal 500 Awards. He is also ranked in band 1 for litigation in Chambers Directory. CONTENTS Chapter One - Introduction Chapter Two - Corporate Governance - The Documentation Chapter Three - Corporate Governance - Rights and Duties Chapter Four - Gathering the Evidence Chapter Five - Unfair Prejudice Chapter Six - Winding Up Chapter Seven - Other Claims Under the Companies Act Chapter Eight - Alternative Dispute Resolution and Settlement Chapter Nine - Advising Majority Shareholders Chapter Ten - Advising Minority Shareholders Chapter Eleven - Deceased Shareholders and Bankrupt Shareholders Chapter Twelve - Valuing the Company / Shareholding Chapter Thirteen - The Litigation Process Chapter Fourteen - Case Studies Chapter Fifteen - Conclusions