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Through the TARP program, the government became a substantial equity holder in five major U.S. companies: American International Group, Inc.(AIG), Citigroup Inc. (Citigroup), General Motors Company (GM), Chrysler Group LLC (Chrysler), and GMAC Inc.(GMAC), now known as Ally Financial Inc. (Ally)....
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Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a … substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result … systems of national corporate law (and other international law). ISDS arbitrators have consistently found that shareholders …
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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 …
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