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The Difficulties with Conferring Rights on Shareholders to Litigate

Arad Reisberg

in Derivative Actions and Corporate Governance

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199204892
eISBN:
9780191709487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204892.003.0004
Subject:
Law, Company and Commercial Law

This chapter inquires into the particular difficulties minority shareholders face where they seek redress against wrongdoing directors. Section 3.2 discusses these problems and Section 3.3 outlines ... More


Wrap Contracts: Foundations and Ramifications

Nancy Kim

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.001.0001
Subject:
Law, Company and Commercial Law

This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions ... More


Company Law Developments in Europe

Joseph A. McCahery and Erik P. M. Vermeulen

in Corporate Governance of Non-Listed Companies

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199203406
eISBN:
9780191707780
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203406.003.0003
Subject:
Law, Company and Commercial Law

This chapter addresses the manner in which European legislators have responded to increased corporate mobility, which set in train the transformation of the close corporation form into a more ... More


Using Corporate Law to Compete for Investments

Ehud Kamar

in Investor Protection in Europe: Corporate Law Making, The MiFID and Beyond

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199202911
eISBN:
9780191707964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202911.003.0003
Subject:
Law, Company and Commercial Law

This chapter documents and analyzes a powerful form of regulatory competition — competition for investments — that has transformed national corporate laws in the European Union (EU) in recent years. ... More


Conclusion

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0006
Subject:
Law, Company and Commercial Law

This chapter presents a summary on the assessment of the Constitution and the substantive rights with which it is associated. The only guidance the Supreme Court has in constitutional cases touching ... More


Testamentary Formalities in Austria

Christiane C Wendehorst

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0009
Subject:
Law, Company and Commercial Law

This chapter begins with a discussion of unilateral dispositions mortis causa, deliberately omitting instruments such as mutual wills, pacta successoria, or donations mortis causa. Under Austrian ... More


9. Fee Objections

Lynn M. Lopucki and Joseph W. Doherty

in Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195337723
eISBN:
9780199893942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337723.003.0009
Subject:
Law, Company and Commercial Law

To the extent that the system controls fees, it must be either through fee cutting or deterrence. “Fee cutting” is the courts' refusal to award some portion of the fees sought. Deterrence is the ... More


11. Cost Control Failure

Lynn M. Lopucki and Joseph W. Doherty

in Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195337723
eISBN:
9780199893942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337723.003.0011
Subject:
Law, Company and Commercial Law

Previous chapters described competition among some bankruptcy courts for the cases of the largest public companies. To succeed in that competition, the bankruptcy courts must abandon the effort to ... More


Deviations from Ownership-Control Proportionality—Economic Protectionism Revisited

Wolf-Georg Ringe

in Company Law and Economic Protectionism: New Challenges to European Integration

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199591459
eISBN:
9780191595578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591459.003.0010
Subject:
Law, Company and Commercial Law

This chapter revisits some of the aspects of the one share/one vote (OSOV) debate in the shadow of the protectionist fears that have lurked in the corners of discussions since the beginning of the ... More


When the State is the Owner—Some Further Comments on the Court of Justice ‘Golden Shares’ Strategy

Andrea Biondi

in Company Law and Economic Protectionism: New Challenges to European Integration

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199591459
eISBN:
9780191595578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591459.003.0005
Subject:
Law, Company and Commercial Law

This chapter draws on the arguments presented in Chapter 4 and takes the view that the golden shares case law reflects exclusively the desire to reduce state prerogatives in companies. However, even ... More


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