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Multi-Party Litigation and Third-Party Funding of Litigation as a Response to Globalisation

Boland, Michael James - 2023

Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...

Persistent link: https://www.econbiz.de/10014264232

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

Could, Would, Should- Should Not and Could Not- the Hypothetical Questions at the Heart of USA v Connolly & Black, and All Libor Panel Interest Rate Submissions Cases

Macey-Dare, Rupert - 2023

of USA v Hayes & Darin, on the basis that the Connolly & Black decision “implicates the theory charged in this [Hayes …; the purported One True Rate theory of Libor submissions; the Libor fixing averaging process; and the usefulness of …

Persistent link: https://www.econbiz.de/10014256076

Contractual Joint Ventures in International Investment Arbitration

Pentsov, Dmitry A. - 2018

Contractual joint ventures, sometimes also called as "consortiums", where several participants, without creating a new entity, unite their personal efforts and material resources with a view of achieving a certain common goal, remain a popular organizational form of large-scale international...

Persistent link: https://www.econbiz.de/10012914640

Mootness Fees

Cain, Matthew D. - 2020

In response to a sharp increase in litigation challenging mergers, the Delaware Chancery Court issued the 2016 Trulia decision, which substantively reduced the attractiveness of Delaware as a forum for these suits. In this Article, we empirically assess the response of plaintiffs' attorneys to...

Persistent link: https://www.econbiz.de/10012849034

Agency Costs and Enforcement of Management Controls : Analyzing Punishments for Perpetrators of Economic Crimes

Healy, Paul M. - 2018

We examine the severity of punishments for employees who perpetrate economic crimes to understand how aggressively organizations enforce compliance with management control systems. Our dataset comprises 608 organizations around the world that identified they experienced economic crime. We find...

Persistent link: https://www.econbiz.de/10012935944

The role of corporate governance in the nexus between litigation risk and corporate innovation

Iftikhar, Kainat; Bagh, Tanveer; Khan, Muhammad Asif - In: Borsa Istanbul Review 24 (2024) 4, pp. 732-746

Amid ongoing discussion over the merits and demerits of litigation, this study addresses the impact of litigation risk on corporate innovation at Chinese listed firms from 2014 to 2022. We exploit Two-Stage GMM, DID model, and PSM techniques to address endogeneity. We find that both litigation...

Persistent link: https://www.econbiz.de/10014635383

Litigation Risk and Institutional Monitoring

Pukthuanthong, Kuntara - 2016

According to the existing literature, institutional investors have a significant impact on the litigation risk of publicly traded companies. This should be particularly true after the Private Securities Litigation Reform Act (PSLRA) of 1995 that encourages institutional investors to serve as...

Persistent link: https://www.econbiz.de/10012978979

A Dynamic Theory of Common Law Courts

Bustos, Álvaro E. - 2008

rules (a normative theory for dynamically efficient courts.) We explicitly take into account that: 1) the optimal rules most …

Persistent link: https://www.econbiz.de/10014055935

Do Appraisal Challenges Benefit Target Shareholders Through Narrowing Arbitrage Spread?

Jetley, Gaurav - 2019

appraisal challenges, deals subject to appraisal challenges have 6% lower post-announcement arbitrage spread on average. Based … on this observed gap in arbitrage spread, the authors claim that appraisal challenges benefit target shareholders through … narrowing arbitrage spread. We find that the observed gap in arbitrage spread is driven by outliers and sampling biases. In fact …

Persistent link: https://www.econbiz.de/10012862322