Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Chevron (1)
- Class action (1)
- Class actions (1)
- Commercial Law (1)
- Contract (1)
-
- Contracts (1)
- Corporations (1)
- D&O (1)
- Ecuador (1)
- Ethics (1)
- Forum non conveniens (1)
- Globalization (1)
- Insurance (1)
- Insurance Law (1)
- International arbitration (1)
- Law firms (1)
- Legal profession (1)
- Professional responsibility (1)
- Securities (1)
- Settlement (1)
- Shareholder (1)
- Texaco (1)
- Torts (1)
- Transnational litigation (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Journal Articles
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under which insurers are forced to settle due to the “duty to contribute” that arises under multi-layered directors and officers (“D&O”) insurance programs. He also offers a novel idea regarding how this problem could be fixed by what he refers to as “segmented” settlements in which each insurer and the policyholder would be allowed to settle separately and consider only its own interests in doing so. …
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Journal Articles
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …