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Author: Thomas S. Kilbane
Publisher:
ISBN: 9781596223011
Category : Law
Languages : en
Pages : 72
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Book Description
On almost a daily basis, we hear that a new securities class action lawsuit has been filed, or a pending class action has settled or been dismissed. Securities lawsuits, and the companion derivative and ERISA actions that often follow them, involve millions of dollars in damages and can seriously disrupt a business. In this book, Thomas S. Kilbane, Esq.—a top-ranked and highly decorated litigator with extensive experience defending securities class actions—takes you inside securities class action lawsuits brought under the Securities Exchange Act of 1934. Bringing decades of successful experience to the table, he explores defense strategies that have worked for him and his team of skilled and accomplished litigators, offers valuable insights on working through these multifaceted cases, considers certain global and business implications of securities class actions, and highlights recent trends. Litigating Highly Technical, Multi-Party Commercial Disputes is designed to offer a detailed and thorough, yet readable and straightforward, analysis—one that will benefit lawyers, students, and businesspeople alike. You will walk away from this book much more informed and with a better appreciation of what it takes to defend a securities class action from the inside. About the Author: Thomas S. Kilbane, Esq. leads the Squire, Sanders & Dempsey LLP litigation practice area, comprising a team of more than 200 trial lawyers and legal assistants worldwide. He has extensive trial experience in litigating highly technical, multi-party commercial disputes with particular emphasis on securities, antitrust, contract, and construction cases. Mr. Kilbane has tried numerous cases in federal and state courts. Table of Contents: Introduction Chapter 1: Securities Litigation Strategies Chapter 2: Litigation Involvement and Adding Value Chapter 3: Business Approach and Global Implications Chapter 4: Working Through a Case Chapter 5: Trends in Securities Litigation
Author: Thomas S. Kilbane
Publisher:
ISBN: 9781596223011
Category : Law
Languages : en
Pages : 72
Get Book Here
Book Description
On almost a daily basis, we hear that a new securities class action lawsuit has been filed, or a pending class action has settled or been dismissed. Securities lawsuits, and the companion derivative and ERISA actions that often follow them, involve millions of dollars in damages and can seriously disrupt a business. In this book, Thomas S. Kilbane, Esq.—a top-ranked and highly decorated litigator with extensive experience defending securities class actions—takes you inside securities class action lawsuits brought under the Securities Exchange Act of 1934. Bringing decades of successful experience to the table, he explores defense strategies that have worked for him and his team of skilled and accomplished litigators, offers valuable insights on working through these multifaceted cases, considers certain global and business implications of securities class actions, and highlights recent trends. Litigating Highly Technical, Multi-Party Commercial Disputes is designed to offer a detailed and thorough, yet readable and straightforward, analysis—one that will benefit lawyers, students, and businesspeople alike. You will walk away from this book much more informed and with a better appreciation of what it takes to defend a securities class action from the inside. About the Author: Thomas S. Kilbane, Esq. leads the Squire, Sanders & Dempsey LLP litigation practice area, comprising a team of more than 200 trial lawyers and legal assistants worldwide. He has extensive trial experience in litigating highly technical, multi-party commercial disputes with particular emphasis on securities, antitrust, contract, and construction cases. Mr. Kilbane has tried numerous cases in federal and state courts. Table of Contents: Introduction Chapter 1: Securities Litigation Strategies Chapter 2: Litigation Involvement and Adding Value Chapter 3: Business Approach and Global Implications Chapter 4: Working Through a Case Chapter 5: Trends in Securities Litigation
Author: Catherine Swee Kian Tay
Publisher: NUS Press
ISBN: 9789971692193
Category : Law
Languages : en
Pages : 194
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Book Description
In this book, the author explains in simple language how business contracts can be better managed by helping the reader be more aware of the various ways through which disputes may be resolved practically and efficiently, especially by arbitration. It also gives an overview of arbitration and the law, including domestic arbitration and international commercial arbitration, and the key elements and considerations that one should know. Intended for the general reader but should be an equally useful reference for the professional.
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108846513
Category : Law
Languages : en
Pages : 545
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Book Description
Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).
Author: Rosen, Velazquez
Publisher: Wolters Kluwer
ISBN: 1543813240
Category : Arbitration agreements, Commercial
Languages : en
Pages : 2320
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Book Description
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 292
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Book Description
Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
ISBN: 1786432404
Category : Law
Languages : en
Pages : 345
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Book Description
Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
Author: Bernard Hanotiau
Publisher:
ISBN: 9789041160973
Category :
Languages : en
Pages :
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5391
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Book Description
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Author: Vesna Lazić
Publisher: Springer
ISBN: 946265252X
Category : Law
Languages : en
Pages : 127
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Book Description
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
