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Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis

2013-01-01 Business & Economics
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Release : 2013-01-01
Genre : Business & Economics
Kind : eBook
Book Rating : 661/5 ( reviews)

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Book Synopsis Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis by : Joan Loughrey

Download or read book Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis written by Joan Loughrey. This book was released on 2013-01-01. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book takes us back to the financial crisis and asks: should the directors of the financial institutions that caused the crisis be held responsible to their investors? LoughreyÕs and her contributorsÕ analysis of that question and the suggestions to implement their proposals are insightful and timely. This is a must-read book for those of us who are still trying to determine how to avoid the next financial crisis.Õ Ð Randall Thomas, Vanderbilt Law School, US The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties. This book assesses whether the law relating to directorsÕ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006. With contributions from leading academics and practitioners, the book examines the directorÕs duty of care and skill, the s.172 duty, reporting obligations under s.417 of the Companies Act 2006, and shareholder litigation including the derivative action and just and equitable winding up. It concludes that neither the common law nor the statutory duties and derivative action under the Companies Act 2006 function effectively to hold directors to account and analyses why this is so. This detailed book will appeal to academics in company law and corporate governance as well as commercial law practitioners particularly those who specialize in company litigation.

Research Handbook on Directors' Duties

2014 Business & Economics
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Release : 2014
Genre : Business & Economics
Kind : eBook
Book Rating : 418/5 ( reviews)

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Book Synopsis Research Handbook on Directors' Duties by : Adolfo Paolini

Download or read book Research Handbook on Directors' Duties written by Adolfo Paolini. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world's major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading scholars from around the world explore the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, what liabilities may arise and whose interests directors should consider before embarking on commercial ventures. The Handbookbegins with chapters that explore the range of company law developments in several common law countries, with further chapters examining the law in several civil law jurisdictions. The Handbookthen looks beyond company law to issues such as the role of directors in fostering corporate social responsibility and directors' duties to consumers. The final chapters consider directors' duties in times of financial turmoil. A comprehensive and ground-breaking book of original scholarly research, the Handbookwill be a valuable contribution to the libraries of company law scholars and students, as well as to business people with a professional interest in the topic. Contributors: C. Amatucci, A. Anand, V. Brand, T.A. Gabaldon, M.M. Harner, J.G. Hill, S.H. Goo, M. Jaramillo, D. Klingler, A. Lista, J. MacIntosh, A. Paolini, P. Pais de Vanconcelos, S. Watson

A Comparative Study of Funding Shareholder Litigation

2017-04-25 Law
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Release : 2017-04-25
Genre : Law
Kind : eBook
Book Rating : 233/5 ( reviews)

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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. This book was released on 2017-04-25. 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.

Corporate Social Responsibility in Contemporary China

2014-01-31 Political Science
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Release : 2014-01-31
Genre : Political Science
Kind : eBook
Book Rating : 575/5 ( reviews)

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Book Synopsis Corporate Social Responsibility in Contemporary China by : Jingchen Zhao

Download or read book Corporate Social Responsibility in Contemporary China written by Jingchen Zhao. This book was released on 2014-01-31. Available in PDF, EPUB and Kindle. Book excerpt: China�s recent economic transformation and integration into the world economy has coincided with increasing pressure for corporate law reform to make corporate social responsibility (CSR) integral to business and management strategy in China. This time

Explaining Financial Scandals

2014-07-24 Business & Economics
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Release : 2014-07-24
Genre : Business & Economics
Kind : eBook
Book Rating : 684/5 ( reviews)

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Book Synopsis Explaining Financial Scandals by : Vincenzo Bavoso

Download or read book Explaining Financial Scandals written by Vincenzo Bavoso. This book was released on 2014-07-24. Available in PDF, EPUB and Kindle. Book excerpt: The explosion of the global financial crisis in 2007–08 reignited the urgency to reflect on the origins and causes of financial collapses. As the events in the above period triggered an economic meltdown that is still ongoing, comparisons with the Great Crash of 1929 started to abound. In particular, the externalities that a broad spectrum of societal groups had to bear as a consequence of various banking failures highlighted the necessity of a more inclusive and balanced regulation of firms whose activities impact on a wide range of stakeholders. The book is centred on the proposal of a paradigm, the “enlightened sovereign control”, that provides a theoretical, institutional and substantive framework as a response to the legal issues analysed in the book. These stem primarily from the analysis of two sequences of events (the 2001–03 wave of “accounting frauds” and the 2007–08 global crisis) which represent the background upon which modern financial scandals are explained. This is done by highlighting a number of common denominators emerging from the case studies (Enron and Parmalat, Northern Rock and Lehman Brothers) which all led to financial instability and scandals and illustrated the legal issues identified in the book. The research is grounded on the initial recognition of theoretical themes in the field of corporate and financial law, which eventually link with the more practical events examined. Through this multifaceted approach, the book contends that the occurrence of financial crises during the last decade is essentially rooted in two main problems: a corporate governance one, represented by the lack of effective control systems within large public firms; and a corporate finance one identified with the excesses of financial innovation and related abuses of capital market finance. Research conducted in this book ultimately seeks to contribute to current debates in the areas of corporate and financial law, through the proposals of the “enlightened sovereign control” paradigm.

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