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Business Organizations Law

Law Faculty Publications

2008

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Corporate Misconduct And The Perfect Storm Of Shareholder Litigation, Jessica M. Erickson Jan 2008

Corporate Misconduct And The Perfect Storm Of Shareholder Litigation, Jessica M. Erickson

Law Faculty Publications

When it comes to combating corporate misconduct, is more litigation necessarily better? The conventional wisdom is that we should deploy every weapon in the law's arsenal to combat corporate misconduct. This wisdom, however, reflects legal scholarship that is confined to analyzing securities class actions and derivative suits in isolation, with little inquiry into the interplay between them. By Jailing to take a broader view of shareholder litigation, legal scholars have missed an opportunity to provide courts with the conceptual tools necessary to meet the complex challenges of complex corporate litigation. In courtrooms and boardrooms across the country, a debate is …