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Land of the Rising Derivative Action : Revisiting Irrationality to Understand Japan's Unreluctant Shareholder Litigant

Nakahigashi, Masafumi; Puchniak, Dan W. - 2013

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

Litigation by Shareholders and Directors : An Empirical Study of the Statutory Derivative Action

Ramsay, Ian; Saunders, Benjamin - 2006

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

Unconscionability as a Sword : The Case for an Affirmative Cause of Action

Williams, Brady - 2020

recent landmark ruling by the California Supreme Court has confirmed a novel legal theory that broadly empowers consumers …

Persistent link: https://www.econbiz.de/10012842816

Characteristics of Soulless Persons : The Applicability of the Character Evidence Rule to Corporations

Ripken, Susanna Kim - 2006

The article discusses the nature of corporate personhood and the propriety of using certain types of evidence to prove corporate misconduct. Under Federal Rule of Evidence 404, the character evidence rule, evidence of a person's bad character generally is not admissible to prove that a person...

Persistent link: https://www.econbiz.de/10012779565

Understanding the Changing Landscape of Data Protection Laws

Klinkner, Blake - 2019

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

Piercing the Fiduciary Veil

Marks, Colin P. - 2014

Limited partnerships (LPs) and limited liability companies (LLCs) permit formation with a unique management structure in that these entities may be managed by another limited liability entity, such as a corporation. Thus, the true managers are those individuals who manage the manager. It is well...

Persistent link: https://www.econbiz.de/10013057471

Extraterritoriality of Securities Law Redux : Litigation Five Years after Morrison v. National Australia Bank

Guseva, Yuliya - 2018

In the famous Morrison v. National Australia Bank case, Justice Scalia mounted an attack on plaintiffs with tenuous connection to U.S. capital markets and attempted to rein in class actions against international corporations. Despite Morrison's broad implications, there is no consensus on its...

Persistent link: https://www.econbiz.de/10012934798

Shopping on the Net : Legal Protection for Consumers

Tokeley, Kate - 2016

In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...

Persistent link: https://www.econbiz.de/10012999359

An 'Act of God'? Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change

Dellinger, Myanna F. - 2016

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

Persistent link: https://www.econbiz.de/10012983504

The Provisional Director Remedy for Corporate Deadlock : A Proposed Model Statute

Ripken, Susanna Kim - 2006

The article discusses a unique remedy for shareholder and director deadlock within corporations: the appointment of provisional directors to corporate boards. Provisional directors are neutral third parties who are appointed by courts to act temporarily as tie-breaking directors in corporations...

Persistent link: https://www.econbiz.de/10014056282