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Private securities class actions now appear to be a part of Australia's legal landscape but opinions about their value are not unanimous. This paper reviews the 'private attorney-general' argument for the utility of private securities class actions as 'vindicating the public interest' and...
Persistent link: https://www.econbiz.de/10012917248
Whereas the European Commission is not empowered to impose penalties on individuals according to Regulation 1/2003, many EU Member States allow their national competition authorities or criminal law enforcers to do so. However, because the Commission typically invokes its competence where...
Persistent link: https://www.econbiz.de/10012902253
Cryptocurrencies have entered the economy as alternative money, as speculation objects, and as utility tokens for innovative service-platforms. Predictions are numerous. While some predict that their value will skyrocket, others predict their collapse. Some predict them to completely transform...
Persistent link: https://www.econbiz.de/10012907787
According to a universal bedrock principle of corporate law, corporations have separate legal personality and limited liability. These principles apply equally to corporate groups. Accordingly, a parent company is normally not liable for legal infractions and unpaid debts of its subsidiaries. In...
Persistent link: https://www.econbiz.de/10012908033
This chapter analyzes legal implications of subjective well-being (SWB) research. Law can and should learn much from SWB research because the law can and should care about people's SWB. An incomplete list of legal doctrinal and subject areas in which law professors have applied SWB research...
Persistent link: https://www.econbiz.de/10012889225
From a law-and-economics perspective the primary goal of (legal) remedies is to enhance social welfare by minimising social costs. Remedies help to achieve cost internalisation since they provide means by which third parties who are negatively affected by the respective action are entitled to...
Persistent link: https://www.econbiz.de/10012892965
As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...
Persistent link: https://www.econbiz.de/10012893073
The development of collective redress in practice depends on the availability of adequate funding. In recent years third-party funding by entrepreneurial parties has become an important source of financing collective actions and settlements. Both at the EU level and in most of the Member States...
Persistent link: https://www.econbiz.de/10013219088
In a typical securities fraud class action (SFCA) against a publicly traded company under SEC Rule 10b-5, the claim arises from an alleged cover-up of bad news by company agents. When the truth comes out, stock price drops, and fraud-period buyers sue to recover their losses. In most such cases,...
Persistent link: https://www.econbiz.de/10013219436
If one deceives another in a manner that profits the deceiver and harms the victim, it is fraud, a crime and a tort. However, if one deceives a great number of people in a manner that profits the deceiver and harms the public, it is generally neither a crime nor a tort. It is often legal to...
Persistent link: https://www.econbiz.de/10013222545