Using a dataset of Chinese judicial opinions arising in over fifty cases, this paper analyses the development and current implementation of shareholder derivative actions in the courts of the People's Republic of China (“PRC”), both before and after the derivative lawsuit was explicitly...

Strikingly absent from the entire corporate governance and corporate litigation debate is a unique feature of American civil procedure that deserves special attention: the modern civil discovery regime. This Article attempts to fill this gap. We argue that modern discovery — first established...

This paper considers whether the concern that implementation of Directive 2004/25 (Takeover Directive) by the Companies Act 2006 will lead to a culture of litigation that would be detrimental to takeovers is justified, with reference to: (1) the common law approach restricting tactical...

Corporate nationality in investment arbitration was and still is an area of much debate. The number of bilateral investment agreements (BIT's) have grown significantly over the past 20 years, including also other international agreements, such as North American Free Trade Agreement (NAFTA) or...

The German Capital Markets Model Case Act (KapMuG) and its amendment of 2012 highlight some fundamentals of collective redress in civil law countries at the example of model case procedures in the field of investor protection. That is why a survey of the ongoing activities of the European Union...

The German Capital Markets Model Case Act (KapMuG) and its amendment of 2012 highlight some fundamentals of collective redress in civil law countries at the example of model case procedures in the field of investor protection. That is why a survey of the ongoing activities of the European Union...

In recent years, the Department of Justice (DOJ) has settled allegations of wrongdoing in the 2008-2009 financial crisis with multi-billion-dollar agreements with major financial institutions such as Bank of America, Citigroup, and Goldman Sachs. On the political left, voices such as Elizabeth...

This is the first comprehensive examination of the stock option backdating litigation. One reason why it is important to study the stock option backdating litigation is that it was a blend of financial reporting fraud and executive misappropriation of assets. Sometimes the executive...