How Shareholder Litigations Deter Directors And Officers Us And Italy A Comparative Analysis

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How Shareholder Litigations Deter Directors and Officers - U.S. and Italy, a Comparative Analysis

Author : Federico Pastre
Publisher : GRIN Verlag
ISBN 13 : 365611854X
Total Pages : 61 pages
Book Rating : 4.6/5 (561 download)

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Book Synopsis How Shareholder Litigations Deter Directors and Officers - U.S. and Italy, a Comparative Analysis by : Federico Pastre

Download or read book How Shareholder Litigations Deter Directors and Officers - U.S. and Italy, a Comparative Analysis written by Federico Pastre and published by GRIN Verlag. This book was released on 2012-02 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2012 in the subject Business economics - Business Management, Corporate Governance, grade: Honors, Fordham University School of Law, course: Corporations, language: English, abstract: This paper focuses on the issue of whether shareholder litigations brought in the U.S. - namely, derivative suits and securities class actions - and their equivalent in the Italian law system, achieve their principal regulatory goal of deterring corporate directors and officers from engaging in unlawful conduct, in addition to compensating shareholders and investors for the harm they suffered. In the United States, effective derivative suits and securities class actions, contingency fees, and the rule concerning legal expenses, create an entrepreneurial system in which directors and officers are ultimately deterred by the private enforcement of the law. Nevertheless, the presence of other interests not aligned with the public interest in optimal deterrence causes the deterrence effect to suffer peculiar distortions. Indemnification agreements and D&O liability insurance deeply shape the remaining deterrence effect, in particular, D&O liability insurance shifts the risk of losses to a third party that fails to reintroduce it. This paper analyzes possible solutions to this problem that have been receiving scholarly attention. With regard to the Italian legal system, this paper stresses the causes behind the ineffectiveness of the Italian private enforcement system of corporate laws and analyses what solution, if any, may be adopted. The lack of economic incentives for the plaintiff shareholder, the absence of discovery rules and the difficulty of accessing useful information to be used in litigation, impair the effectiveness of the enforcement system and with it the deterrence goal. Lastly, this paper addresses how differing social landscapes and judicial attitudes also play a role in the deterrence effect within the two legal syst

A Comparative Study of Funding Shareholder Litigation

Author : Wenjing Chen
Publisher : Springer
ISBN 13 : 9811036233
Total Pages : 275 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis A Comparative Study of Funding Shareholder Litigation by : Wenjing Chen

Download or read book A Comparative Study of Funding Shareholder Litigation written by Wenjing Chen and published by Springer. This book was released on 2017-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

Comparative Corporate Governance

Author : Afra Afsharipour
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975332
Total Pages : 544 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Comparative Corporate Governance by : Afra Afsharipour

Download or read book Comparative Corporate Governance written by Afra Afsharipour and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.

Corporate Governance in the Common-Law World

Author : Christopher M. Bruner
Publisher : Cambridge University Press
ISBN 13 : 1107013291
Total Pages : 317 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Corporate Governance in the Common-Law World by : Christopher M. Bruner

Download or read book Corporate Governance in the Common-Law World written by Christopher M. Bruner and published by Cambridge University Press. This book was released on 2013-03-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a new comparative theory to explain the divergence between governance systems of Australia, Canada, the United Kingdom, and the United States and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world.

The Derivative Action in Asia

Author : Dan W. Puchniak
Publisher : Cambridge University Press
ISBN 13 : 1107012279
Total Pages : 477 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Derivative Action in Asia by : Dan W. Puchniak

Download or read book The Derivative Action in Asia written by Dan W. Puchniak and published by Cambridge University Press. This book was released on 2012-06-28 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.

The Oxford Handbook of Corporate Law and Governance

Author : Jeffrey Neil Gordon
Publisher : Oxford University Press
ISBN 13 : 0198743688
Total Pages : 1217 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Corporate Law and Governance by : Jeffrey Neil Gordon

Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey Neil Gordon and published by Oxford University Press. This book was released on 2018 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the Global Financial Crisis. Comprehensively referencing the key debates, the Handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.

Institutional Investors and Corporate Governance

Author : Theodor Baums
Publisher : Walter de Gruyter
ISBN 13 : 9783110136432
Total Pages : 732 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis Institutional Investors and Corporate Governance by : Theodor Baums

Download or read book Institutional Investors and Corporate Governance written by Theodor Baums and published by Walter de Gruyter. This book was released on 1994 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume contains 23 articles by international experts, both scholars and practioners dealing with the development of institutional investors (such as banks, insurances, investment companies, pension funds etc.), their investment and voting policies, the impact on managements of the companies concerned and related issues. The consequences of the international development on capital markets as well as policy implications for the respective national legislations are treated.

Comparative Company Law

Author : Andreas Cahn
Publisher : Cambridge University Press
ISBN 13 : 1107186358
Total Pages : 1095 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Comparative Company Law by : Andreas Cahn

Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.

An International Comparison of Corporate Governance Models

Author : Gregory Francesco Maassen
Publisher : Gregory Maassen
ISBN 13 : 9090125914
Total Pages : 228 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis An International Comparison of Corporate Governance Models by : Gregory Francesco Maassen

Download or read book An International Comparison of Corporate Governance Models written by Gregory Francesco Maassen and published by Gregory Maassen. This book was released on 1999 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Doing Business 2020

Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 241 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2020 by : World Bank

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

A History of Corporate Governance around the World

Author : Randall K. Morck
Publisher : University of Chicago Press
ISBN 13 : 9780226536811
Total Pages : 699 pages
Book Rating : 4.5/5 (368 download)

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Book Synopsis A History of Corporate Governance around the World by : Randall K. Morck

Download or read book A History of Corporate Governance around the World written by Randall K. Morck and published by University of Chicago Press. This book was released on 2007-09-15 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many Americans, capitalism is a dynamic engine of prosperity that rewards the bold, the daring, and the hardworking. But to many outside the United States, capitalism seems like an initiative that serves only to concentrate power and wealth in the hands of a few hereditary oligarchies. As A History of Corporate Governance around the World shows, neither conception is wrong. In this volume, some of the brightest minds in the field of economics present new empirical research that suggests that each side of the debate has something to offer the other. Free enterprise and well-developed financial systems are proven to produce growth in those countries that have them. But research also suggests that in some other capitalist countries, arrangements truly do concentrate corporate ownership in the hands of a few wealthy families. A History of Corporate Governance around the World provides historical studies of the patterns of corporate governance in several countries-including the large industrial economies of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States; larger developing economies like China and India; and alternative models like those of the Netherlands and Sweden.

Company Law and Sustainability

Author : Beate Sjåfjell
Publisher : Cambridge University Press
ISBN 13 : 1107043271
Total Pages : 373 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Company Law and Sustainability by : Beate Sjåfjell

Download or read book Company Law and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-05-21 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.

Strong Managers, Weak Owners

Author : Mark J. Roe
Publisher : Princeton University Press
ISBN 13 : 140082138X
Total Pages : 341 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Strong Managers, Weak Owners by : Mark J. Roe

Download or read book Strong Managers, Weak Owners written by Mark J. Roe and published by Princeton University Press. This book was released on 1996-03-04 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this major reinterpretation of the evolution of the American corporation, Mark Roe convincingly demonstrates that the ownership structure of large U.S. firms owes its distinctive character as much to politics as to economics and technology. His provocative examination addresses essential issues facing American businesses today as they compete in the new international marketplace.

Comparative Corporate Law

Author : Marco Ventoruzzo
Publisher :
ISBN 13 : 9781628102031
Total Pages : 0 pages
Book Rating : 4.1/5 (2 download)

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Book Synopsis Comparative Corporate Law by : Marco Ventoruzzo

Download or read book Comparative Corporate Law written by Marco Ventoruzzo and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

The Law and Finance of Related Party Transactions

Author : Luca Enriques
Publisher : Cambridge University Press
ISBN 13 : 9781108453738
Total Pages : 538 pages
Book Rating : 4.4/5 (537 download)

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Book Synopsis The Law and Finance of Related Party Transactions by : Luca Enriques

Download or read book The Law and Finance of Related Party Transactions written by Luca Enriques and published by Cambridge University Press. This book was released on 2022-06-09 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: A globe-spanning group of leading law and finance scholars bring together cutting-edge research to comprehensively examine the challenges legislators face in regulating related party transactions in a socially beneficial way. Combining theoretical analysis of the foundations of efficient regulation with empirical and comparative studies, readers are invited to draw their own conclusions on which regulatory responses work best under differing circumstances. The careful selection of surveyed jurisdictions offers in-depth insight into a broad variety of regulatory strategies and their interdependence with socioeconomic and political conditions. This work should be read by scholars, policymakers, and graduate students interested in a critical, much-debated area of corporate governance.

The Genius of American Corporate Law

Author : Roberta Romano
Publisher : American Enterprise Institute
ISBN 13 : 9780844738369
Total Pages : 180 pages
Book Rating : 4.7/5 (383 download)

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Book Synopsis The Genius of American Corporate Law by : Roberta Romano

Download or read book The Genius of American Corporate Law written by Roberta Romano and published by American Enterprise Institute. This book was released on 1993 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the structure of American corporate law, which combines economic analysis with empirical insights to produce a number of policy insights. It is suitable for anyone studying corporate law, securities regulation, comparative company law or federalism.

The Anatomy of Corporate Law

Author : Reinier Kraakman
Publisher : OUP Oxford
ISBN 13 : 0191582778
Total Pages : 578 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Anatomy of Corporate Law by : Reinier Kraakman

Download or read book The Anatomy of Corporate Law written by Reinier Kraakman and published by OUP Oxford. This book was released on 2009-07-23 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.