This article follows on from the discussion on establishing a prima facie case and the mandatory bars in derivative claims. First, the second stage of the test will be considered, covering the standard of proof and how the court as a hypothetical director is meant to analyse board decisions: is the test objective or subjective? An analysis will follow on corporate social responsibility and its relationship to derivative claims considering issues such as finance and internal and external responsibilities
PhD ThesisIn recent years, the law on derivative actions has caused much academic and judicial debat...
This article will analyze the problems raised by the board\u27s attempt to terminate shareholder sui...
Scholars and judges often say that the United States imported the shareholder derivative action from...
Since the introduction of the new derivative claim there have been six derivative proceedings in Eng...
The most fundamental and perplexing question in all of corporate law is how to ensure that the board...
This article empirically investigates how the statutory derivative procedure is being applied de fac...
The company is one of the most popular organisational vehicles for conducting business. The very nat...
This article examines the demand shareholders must make on a corporation\u27s board of directors pri...
This article explores the effectiveness of the codification of the statutory derivative regime as a ...
Corporations that have allegedly violated the Foreign Corrupt Practices Act (FCPA) increasingly fac...
This Article is premised on the belief that the derivative action is uniquely susceptible to strike ...
The data looks to explore how the statutory derivative claim procedure is being applied de facto whe...
Abstract: Purpose - To consider whether the courts, in addressing petitions under section 994 of the...
This Article explores and analyzes the rationale both for and against allowing corporations to indem...
© 2019 Kluwer Law international BV, The Netherlands.Many legal systems have been converging toward a...
PhD ThesisIn recent years, the law on derivative actions has caused much academic and judicial debat...
This article will analyze the problems raised by the board\u27s attempt to terminate shareholder sui...
Scholars and judges often say that the United States imported the shareholder derivative action from...
Since the introduction of the new derivative claim there have been six derivative proceedings in Eng...
The most fundamental and perplexing question in all of corporate law is how to ensure that the board...
This article empirically investigates how the statutory derivative procedure is being applied de fac...
The company is one of the most popular organisational vehicles for conducting business. The very nat...
This article examines the demand shareholders must make on a corporation\u27s board of directors pri...
This article explores the effectiveness of the codification of the statutory derivative regime as a ...
Corporations that have allegedly violated the Foreign Corrupt Practices Act (FCPA) increasingly fac...
This Article is premised on the belief that the derivative action is uniquely susceptible to strike ...
The data looks to explore how the statutory derivative claim procedure is being applied de facto whe...
Abstract: Purpose - To consider whether the courts, in addressing petitions under section 994 of the...
This Article explores and analyzes the rationale both for and against allowing corporations to indem...
© 2019 Kluwer Law international BV, The Netherlands.Many legal systems have been converging toward a...
PhD ThesisIn recent years, the law on derivative actions has caused much academic and judicial debat...
This article will analyze the problems raised by the board\u27s attempt to terminate shareholder sui...
Scholars and judges often say that the United States imported the shareholder derivative action from...