Author: Michael von Gizycki
Publisher:
ISBN:
Category : Corporation law
Languages : en
Pages : 102

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Book Description

Author: Ralph C. Ferrara
Publisher: Law Journal Press
ISBN: 9781588520685
Category : Business & Economics
Languages : en
Pages : 1180

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Book Description
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: Dan W. Puchniak
Publisher: Cambridge University Press
ISBN: 1107012279
Category : Business & Economics
Languages : en
Pages : 477

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

Author: Pierre Hourcade
Publisher:
ISBN:
Category : Stockholders' derivative actions
Languages : en
Pages : 234

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Book Description

Author: Frank H. Easterbrook
Publisher: Harvard University Press
ISBN: 9780674235397
Category : Business & Economics
Languages : en
Pages : 386

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Book Description
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: Misa Konomi
Publisher:
ISBN:
Category : Stockholders' derivative actions
Languages : en
Pages : 190

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Book Description

Author: David Greene
Publisher: Jordan Publishing (GB)
ISBN: 9781846612961
Category : Corporations
Languages : en
Pages : 0

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Book Description
Shareholders throughout the world are becoming more assertive in pursuing their rights against companies and directors. The law is developing in all jurisdictions to make it easier for shareholders to assert their rights by bringing claims in front of the court. Recent cases have seen a growth in both institutional shareholders such as pension funds and groups of individual shareholders taking action. Shareholder Claims provides practical guidance on bringing claims including derivative claims under the UK Companies Act 2006, and claims under the Financial Services and Markets Act 2000, equivalent procedure in European centres and class action procedure in USA, Canada and Australia. Written for both shareholders taking action and companies defending themselves.

Author: John C. Coffee
Publisher: Harvard University Press
ISBN: 0674736796
Category : History
Languages : en
Pages : 318

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Book Description
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: Douglas Fee
Publisher:
ISBN:
Category : Agriculture, Cooperative
Languages : en
Pages : 52

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Book Description

Author: Joan Loughrey
Publisher: Edward Elgar Publishing
ISBN: 0857939661
Category : Business & Economics
Languages : en
Pages : 271

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Book Description
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.