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...

The attorney-client privilege protects communications between a client and his attorney, so that other litigants cannot demand these e-mails, letters, and so on through the pre-trial process of discovery. This privilege is ordinarily waived, however, if the client leaks such a document to a...

Over the last decade, financial economists have grown increasingly circumspect about the practical meaning of market efficiency due to the so-called joint hypothesis problem. In law, however, the concept has taken on an increasingly prominent role, meaning that the need for an operational...

Criminal prosecution of financial reporting-related corporate misconduct is generally acknowledged to be sometimes warranted. The decision to seek an indictment of Arthur Andersen remains controversial, however. Eisenberg and Macey (2004) posit that because the resulting increased concentration...

Class action law enforcement is a resource-intensive undertaking, requiring investment of both intellectual capital and financial wherewithal. Building on insights developed in the economic theory of investment under uncertainty, the key theoretical proposition is that class action law...

This article advances a new framework for investigating a simple yet fundamental question: In what ways does the law on the books reflect cultural values? We analyze relations between indices of investors' legal rights - as coded by La Porta et al. (LLSV) - and national cultural profiles. These...