Though now possible, no European state is competing for incorporations, and this is unlikely to happen in a general fashion. In this paper I argue, however, that the possibility of one state competing for one specific segment of the market for incorporations should not be ruled out altogether....

Fiduciary duties are often today held out as typical instruments of shareholder protection in the common law of both the US and the UK, which are sometimes held out as examples for a consensus model for what is considered good corporate law conducive to good capital market development. However,...

Croatian capital market is, from the beginning of the year 2009, governed by new Capital Market Act that introduces higher level of investor protection, by posing firmer rules on mandatory disclosure for listed companies. Based on the similar trends in comparative law it could be expected that...

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea. In Achmea, the CJEU examined bilateral investment treaties (BITs) concluded between EU Member States in the light of EU law. More specifically, the CJEU...

Most accounting studies use only public enforcement actions (SEC cases) to measure accounting fraud. However, private cases (securities class actions) also play an important enforcement role. We discuss the legal standards and processes for both public and private enforcement regimes, emphasize...

China has achieved remarkable success in building the necessary institutions for a functional legal system. However, it seems that the Chinese government is more willing to nurture rule of law in some areas, while still striving to maintain excessive administrative discretion - namely rule of...

Energy security and energy sovereignty have their national and international dimensions. In the EU Member States, these dimensions are further complemented by the EU perspective. The concept of raw materials and energy security, as currently proclaimed by a number of states, is probably too...

Context matters. Take a step back and look at some 170 years of history of derivative actions and at the pertinent developments on three continents, and you will see a seemingly endless regulatory quest for what we have termed the ‘Holy Grail’ of derivative actions regulation (i.e., the...

This article analyzes the different legal concepts of “seat” and “registered office” in Cyprus company law. The distinction between the concepts of “seat” and “registered office” in Cyprus company law is very important for the definition of corporate investor in respect of the...