The modern tendency is for companies to have subsidiaries and associated undertakings. This tendency gives rise to the issue of whether a shareholder in a parent company may bring a derivative action on behalf of a subsidiary or associated company within the group. Logically an action by a...

Throughout the Fall 2007 and into the new year 2008 private equity firms repeatedly attempted to terminate pending acquisitions. The litigation surrounding these purported terminations and heightened scrutiny directed upon the terms of private equity agreements opened a revealing window on a...

This Article seeks what may be the holy grail of securities law scholarship - the role of the quot;meritsquot; in securities class actions - by investigating the relationship between settlements and Damp;O insurance. Drawing upon in-depth interviews with plaintiffs' and defense lawyers, Damp;O...

In the Dueling Experts Game, adversarial experts strategically produce quot;goodquot; or quot;badquot; evidence to support their partisan testimony. Good evidence is probative while bad evidence has no evidential value. The new feature of this Game is that Judge sometimes erroneously identifies...

The purpose of this article is primarily to look into the early demonstration of the new statutory procedure relating to derivative claims under Part 11 of the Companies Act 2006 in two recent cases, and subsequently to assess the likely impact of these cases on the future development of the...

This study examines how universal demand (UD) laws affect shareholder derivative litigation risk and financial reporting decisions. We provide evidence that the incremental risk from derivative litigation beyond parallel securities class actions or SEC actions appears low in financial reporting...

In this Chapter, we briefly survey the common law's adventures with creditor protection over the course of American history with a special focus on Delaware, the most important jurisdiction for corporate law. We examine the evolution of the equitable doctrines that judges have used to answer a...

Suppose you have a homeowners insurance policy that protects you against wildfires but not mudslides. One day, a wildfire ravages a hillside near your home, but otherwise leaves your home itself unscathed. Months later, heavy rain triggers a mudslide on that same hill that sweeps down and...

Is mandatory arbitration of shareholder claims desirable? With the blessing of the Supreme Court, mandatory arbitration provisions with class action waivers have become common in contract, consumer, and labor law. Policymakers now consider importing this trend to corporate and securities laws as...