Shareholder Derivative Litigation

Shareholder Derivative Litigation
Author: Ralph C. Ferrara
Publisher: Law Journal Press
Total Pages: 1180
Release: 2013-08-28
Genre: Business & Economics
ISBN: 9781588520685

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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 Actions

Shareholder Derivative Actions
Author: Deborah A. DeMott
Publisher:
Total Pages: 1402
Release: 1987
Genre: Stockholders' derivative actions
ISBN:

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The Derivative Action in Asia

The Derivative Action in Asia
Author: Dan W. Puchniak
Publisher: Cambridge University Press
Total Pages: 477
Release: 2012-06-28
Genre: Business & Economics
ISBN: 1107012279

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

The Derivative Action in Asia

The Derivative Action in Asia
Author: Dan W. Puchniak
Publisher: Cambridge University Press
Total Pages: 477
Release: 2012-06-28
Genre: Law
ISBN: 1139510592

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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: Besieging the Board

Shareholder Derivative Litigation: Besieging the Board
Author: Ralph C. Ferrara
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN: 9781588523457

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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.

Closely Held Corporations

Closely Held Corporations
Author: Douglas K. Moll
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9781663351272

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Shareholder Protection Reconsidered

Shareholder Protection Reconsidered
Author: Georgios Zouridakis
Publisher: Routledge
Total Pages: 204
Release: 2019-11-26
Genre: Business & Economics
ISBN: 1000757501

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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.

Research Handbook on Representative Shareholder Litigation

Research Handbook on Representative Shareholder Litigation
Author: Sean Griffith
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2018-11-30
Genre: LAW
ISBN: 1786435349

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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.

Minority Shareholders' Remedies

Minority Shareholders' Remedies
Author: A. J. Boyle
Publisher: Cambridge University Press
Total Pages: 168
Release: 2002-01-17
Genre: Law
ISBN: 1139432079

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A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.