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Articles 1 - 7 of 7

Full-Text Articles in Law

The New Shareholder Power, John C. Carter Jan 2013

The New Shareholder Power, John C. Carter

Pepperdine Law Review

No abstract provided.


A Note On Individual Recovery In Derivative Suits, Richard A. Booth Jan 2013

A Note On Individual Recovery In Derivative Suits, Richard A. Booth

Pepperdine Law Review

No abstract provided.


Ending The Silence: Shareholder Derivative Suits And Amending The Dodd-Frank Act So "Say On Pay" Votes May Be Heard In The Boardroom, William Alan Nelson Ii Jul 2012

Ending The Silence: Shareholder Derivative Suits And Amending The Dodd-Frank Act So "Say On Pay" Votes May Be Heard In The Boardroom, William Alan Nelson Ii

University of Miami Business Law Review

No abstract provided.


Common Challenges Facing Shareholder Suits In Europe And The United States, Randall Thomas, James D. Cox Jan 2009

Common Challenges Facing Shareholder Suits In Europe And The United States, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

Episodic and even sometimes systematic misbehavior by businessmen and corporate entities is ubiquitous. While Enron and WorldCom were the battle cries for corporate reform in the U.S. so it was with Ahold and Parmalat across Europe. No country is free of concern that company officers will misbehave thereby injuring investors, consumers and destroying shareholder value. Thus, this symposium issue collects the recent experiences across Europe in strengthening shareholder suits. Most recent legislative efforts in Europe, and hence the comments in the symposium, are focused on the derivative suit. Just as the American experience with class actions, reviewed separately in this …


Suing In The Right Of The Corporation: A Commentary And Proposal For Legislative Reform, Lawrence A. Larose Apr 1986

Suing In The Right Of The Corporation: A Commentary And Proposal For Legislative Reform, Lawrence A. Larose

University of Michigan Journal of Law Reform

This Article is premised on the belief that the derivative action is uniquely susceptible to strike suit litigation-that is, actions with little or no substantive merit but pursued to exploit the nuisance value inherent in litigation. Although there is historic support for the notion of "pernicious and vexing" derivative litigation, some modern evidence suggests that the vast majority of publicly held companies experience no derivative litigation. Commentators, however, have questioned both the validity of the modern evidence and the conclusions derived from it. Despite these criticisms, observers of the present vitality of the derivative action, far from characterizing it as …


Providing An Effective Remedy In Shareholder Suits Against Officers, Directors, And Controlling Persons, Michael H. Woolever Jan 1975

Providing An Effective Remedy In Shareholder Suits Against Officers, Directors, And Controlling Persons, Michael H. Woolever

University of Michigan Journal of Law Reform

Corporate officers, directors, and controlling persons occupy a fiduciary relationship toward the corporation and its shareholders in the exercise of control over corporate affairs. This fiduciary obligation requires that officers, directors, and controlling persons act in good faith and perform their offices in the best interests of the corporation and its shareholders and not to their own advantage. When this duty is breached, a shareholder may bring an action against these fiduciaries, either in his own name or derivatively for the benefit of the corporation. Under present law, however, it may be impossible for an American court to secure jurisdiction …


Recent Changes Affecting Minority Stockholders' Suits Jan 1944

Recent Changes Affecting Minority Stockholders' Suits

Maryland Law Review

No abstract provided.