The article discusses the rights of unnamed class members in class actions and shareholders in corporate derivative … derivative suits by definition necessarily determine the rights and duties of absent parties. Unnamed class members and … dissatisfied with the class action or derivative suit settlement may subsequently appeal the court's approval of the settlement …

, Inc., et al. v. First Derivative Traders …

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 authorized in the PRC's 2006 Company Law effective January 1, 2006. In … the formal design of the derivative action and offer reform suggestions. We find the design of the Chinese derivative …

comprised solely of derivative lawsuits. This provides another unique research opportunity, as most litigation is comprised … almost entirely of only securities class actions or only derivative lawsuits. Thus, it is possible to compare and contrast … securities class actions with derivative lawsuits. This is particularly useful because some question the value of securities …

includes de jure rules relating to derivative enforcement. Despite convergence of the UK system towards the US model, each … explained by the way the courts implement the derivative procedure de facto. A comparative assessment of de facto implementation …

，以及诉讼成本与收益的严重失衡导致了提起股东派生诉讼的激励不足。另外，基于实证数据，本文建议被告范围应当采取广义解释，公司的诉讼地位应确定为第三人，前置程序应当允许公司以正当理由阻止诉讼，并且扩展豁免请求范围。English Abstract: This paper represents an update on the empirical study of China's shareholder derivative litigation as published in … ‘Shareholder Derivative Litigation in China: Empirical Findings and Comparative Analysis' (2012) 27(4) Banking and Finance Law …

This paper presents the results of a comprehensive empirical study on China's derivative suits as introduced in the … disappointment given the intended role of China's derivative suits in improving the corporate governance of public companies. The … study also produces other important findings on various aspects of the derivative suit remedy. From a comparative …

Context matters. Take a step back and look at some 170 years of history of derivative actions and at the pertinent … derivative actions regulation (i.e., the appropriate balance between the necessary incentives to ensure that derivative actions … functionality of derivative actions in each jurisdiction, makes the quest for the ‘Holy Grail’ so elusive and causes the derivative …