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Author:
Publisher: Ohio University Center for International Studies
ISBN: 9781422478639
Category : Class actions (Civil procedure)
Languages : en
Pages : 0
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Book Description
Author:
Publisher: Ohio University Center for International Studies
ISBN: 9781422478639
Category : Class actions (Civil procedure)
Languages : en
Pages : 0
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Book Description
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 1084
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Book Description
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: William S. Lerach
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 136
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Book Description
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: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 134
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Book Description
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 256
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Book Description
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 924
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Book Description
Author: Benjamin Edwards
Publisher:
ISBN:
Category :
Languages : en
Pages : 20
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Book Description
In stockholder class actions, plaintiffs and their counsel purport to represent the interests of a class of corporate stockholders, and class counsel typically seek contingency fees based on the benefits provided to absent class members. This presents two related agency problems: class plaintiffs must serve as fiduciaries for absent stockholders and also monitor their counsel to ensure that a lawsuit is pursued for the benefit of the class, rather than its lawyers. Scholars have theorized that institutional stockholders may act as better monitors than small shareholders, a theory that Congress embraced with the Private Securities Litigation Reform Act of 1995 (PSLRA).However, institutional stockholders also face structural and political pressures presenting potential conflicts of interest. A recent federal securities class action revealed one such arrangement, when a federal court discovered that a large class action firm had paid over $4 million in “bare referral” fees to an attorney who did little work on the case, but had recommended the larger firm to a public sector pension fund “after considerable favors, political activity, money spent and time dedicated in Arkansas.”Current class action processes do not routinely identify these potential conflicts of interest, which tend to surface when non-litigants bring them to public attention. Class counsel may route benefits to class plaintiffs through less visible channels. If these benefits flow exclusively to lead plaintiffs and not to the class, it creates the potential for conflicts of interest. Because neither the lead plaintiff's nor the defendant's counsel may have a strong incentive to voluntarily address these conflicts, we propose that class plaintiffs be required to disclose more information regarding their relationship with class counsel as part of the class certification process. We also propose that courts consider the routine appointment of special masters or class guardians as part of the settlement approval process to secure fair settlements by vetting proposals with adversarial scrutiny.
Author:
Publisher: DIANE Publishing
ISBN: 9781422321997
Category :
Languages : en
Pages : 124
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Book Description
