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Within the past decade, the EU has made significant steps in strengthening and harmonising the legal framework of capital markets. Despite passing and amending secondary legislation on this topic, it only partially addressed the issue of enforcement, leaving private enforcement an issue for its...
Persistent link: https://www.econbiz.de/10014261793
comprised solely of derivative lawsuits. This provides another unique research opportunity, as most litigation is comprised … almost entirely of only securities class actions or only derivative lawsuits. Thus, it is possible to compare and contrast … securities class actions with derivative lawsuits. This is particularly useful because some question the value of securities …
Persistent link: https://www.econbiz.de/10013000478
problems result. Replacing the current claims doctrine with derivative doctrine (IIA forms of derivative actions, class actions … thus decrease the perceived unfairness and inconsistency of the current system. In addition, derivative doctrine would …. Adopting derivative doctrine could avert a future crisis, similar to the one currently threatening IIA, in international …
Persistent link: https://www.econbiz.de/10012975406
Universal Demand (UD) laws by different states. The UD laws substantially raise the hurdle for shareholders to file derivative … sales, after the passage of UD laws, suggesting derivative litigation serves a disciplinary role in curbing insider trading …. The deterrence effect of derivative litigation complements that of federal securities litigation, as it is effective in …
Persistent link: https://www.econbiz.de/10012853031
This study focuses on U.S. shareholder derivative cases in which Audit Committee members were defendants. Three grounds …
Persistent link: https://www.econbiz.de/10012831122
This study explores whether managers' personal litigation risk impacts managerial empire building through the lens of their firms' cost behavior. Exploiting the staggered adoption of universal demand (UD) laws at the state-level in the U.S., we find a significant decrease in Selling, General &...
Persistent link: https://www.econbiz.de/10012933130
Exploiting the staggered adoption of universal demand (UD) laws as exogenous shocks to filing derivative lawsuits, we …
Persistent link: https://www.econbiz.de/10012968431
A statutory derivative action has been proposed for the United Kingdom and is contained in Part 11 of the Company Law … Reform Bill. Australia has had a statutory derivative action for approximately 6 years. This paper outlines the results of … the first empirical study of the Australian statutory derivative action. The study provides insights into the way …
Persistent link: https://www.econbiz.de/10014057143
In this chapter, Nakahigashi and Puchniak explain that from 1950 until the mid-1980s the derivative action ‘in practice …’ could not have been any more different in the United States and Japan. During this period derivative litigation (for better … companies experiencing one or more derivative suits. In stark contrast, in Japan from 1950 until the mid-1980s there was less …
Persistent link: https://www.econbiz.de/10014158464
Financial Derivatives have established themselves as a major driving force in the international monetary sphere in the recent past. Financial Derivatives were originally used as an effective monetary instrument to multiply the wealth through ripple effect, of late, these instruments are also...
Persistent link: https://www.econbiz.de/10012947392