Shareholder derivative litigation and corporate governance

Article Abstract:

Issues concerning the recovery of attorneys' fees from a corporation on behalf of shareholders as the result of a successful shareholder derivative action are discussed. Issues include the recovery of fees in the absence of a 'common fund' and the question of whether the limitation of such fees in derivative actions would deter meritorious litigation.

States, Attorneys, Lawyers' fees, Stockholders' derivative actions, Shareholder lawsuits

---

Roll out the barrel: the SEC reverses its stance on employment-related shareholder proposals under Rule 14a-8 - again

Article Abstract:

The SEC's inconsistent Cracker Barrel position on its Rule 14a-8(i)(7) on a company's ad-hoc exclusion of an employment-related proposal from its proxy materials is discussed. The ordinary business operations exception, covered in that rule, is one of the commission's most frequently applied and most controversial.

Proxy

---

The corporate director's compliance oversight responsibility in the post Caremark era

Article Abstract:

The author discusses the compliance oversight responsibility of corporate directors, focusing on compliance in the securities industry, in light of the Delaware Court of Chancery's decision in In Re Caremark International, Inc. Derivative Litigation.

Delaware, Corporate directors, Practice, Securities law, Criminal liability of juristic persons, Juristic persons criminal liability

Similar abstracts:

• Abstracts: Keynote address: administrative procedure and the decline of responsibility. Regulating commercial remote sensing satellites over Israel: a black hole in the open skies doctrine
• Abstracts: Market definition under price discrimination. Merger review under the Competition Act: reflections on the first decade
• Abstracts: Dispute resolution and counsel: changing perceptions, changing responsibilities. Contract disputes: the role of ADR
• Abstracts: Arbitration injunctions rise abroad; when courts in developing nations enjoin hearings to protect local companies, going forward can put resulting rewards at risk
• Abstracts: Ambiguity in corporation law. Corporate law in the twenty-first century: the practitioners' prognosis. The pride and the hope of Delaware corporate law

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.