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current implementation of shareholder derivative actions in the courts of the People's Republic of China (“PRC”), both before … underlying derivative actions directed at corporate fiduciaries, on one hand, and others (such as controlling shareholders), on … the courts in China, this use of the derivative action seems to be entirely limited to the closely-held form of …
Persistent link: https://www.econbiz.de/10013092047
investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally … bar shareholders from claiming for reflective loss – loss that arises from injury to "their" company (such as a decline in … the value of shares). The claim for the loss belongs to the injured company and not to its shareholders. In contrast …
Persistent link: https://www.econbiz.de/10010463416
This study focuses on U.S. shareholder derivative cases in which Audit Committee members were defendants. Three grounds …
Persistent link: https://www.econbiz.de/10012831122
Exploiting the staggered adoption of universal demand (UD) laws as exogenous shocks to filing derivative lawsuits, we … governance, increased information asymmetry, and heightened managerial risk-taking are the underlying channels. Shareholders …
Persistent link: https://www.econbiz.de/10012968431
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
We survey law firms, firms and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate...
Persistent link: https://www.econbiz.de/10012838053
litigation—claims brought by shareholders in the wake of corporate mergers and acquisitions transactions—and uses as evidence the …
Persistent link: https://www.econbiz.de/10012847296
Persistent link: https://www.econbiz.de/10013033362
The Fortis Bank takeover court case demonstrates how shareholders' claims can make a merger and takeover case less … situation such as the role of minority shareholders, the role of the state vis-à-vis the board in a financial rescue plan, the … Belgian courts — the Commercial Court of Brussels and the Court of Appeal — towards shareholders' enforcement of corporate …
Persistent link: https://www.econbiz.de/10012998313
. In particular, the English-language literature has typically focused on derivative litigation, often from a somewhat US …-centric or UK-centric perspective, in spite of the fact that derivative suits constitute only a minority of shareholder actions … distinction between derivative suits and direct class actions in the US is largely familiar, many other jurisdictions employ …
Persistent link: https://www.econbiz.de/10012901457