The Resource A comparative study of funding shareholder litigation, Wenjin Chen

A comparative study of funding shareholder litigation, Wenjin Chen

Label
A comparative study of funding shareholder litigation
Title
A comparative study of funding shareholder litigation
Statement of responsibility
Wenjin Chen
Creator
Author
Subject
Genre
Language
eng
Summary
This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques is used
Cataloging source
N$T
http://library.link/vocab/creatorName
Chen, Wenjing
Index
no index present
LC call number
K130
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/subjectName
  • Third party litigation funding
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • Third party litigation funding
Label
A comparative study of funding shareholder litigation, Wenjin Chen
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Acknowledgements; Contents; Abbreviations; Summary; 1 Introduction; 1.1 A General Evaluation of Shareholder Litigation: Pros and Cons; 1.1.1 Positive Externalities Brought by Shareholder Litigation; 1.1.2 Potential Drawbacks of Shareholder Litigation; 1.2 The Proposal of 'Funding Shareholder Litigation'; 1.2.1 What Is the Funding Problem with Shareholder Litigation?; 1.2.2 Why Funding Issue Is Crucial for Shareholder Litigation?; 1.2.3 How Will This Book Investigate Funding Issue of Shareholder Litigation?; 1.3 The Structure of the Comparative Study; 1.3.1 The Structure of the Book
  • 1.3.2 The Countries Chosen for the Comparative Study1.3.2.1 China; 1.3.2.2 The United States; 1.3.2.3 The United Kingdom; 1.3.2.4 Canada (Ontario and Quebec); 1.3.2.5 Israel; 1.3.2.6 Australia; 1.4 The Scope of the Comparative Study; 1.4.1 Public Funding; 1.4.2 Third Party Litigation Funding (TPLF); 1.4.3 Lawyer's Funding; 1.4.3.1 Contingency Fee Arrangements (CGFAs); 1.4.3.2 Conditional Fee Agreements (CFAs); 1.4.4 Company's Funding (Indemnity Cost Orders, ICO); 2 An Overview of Shareholder Litigation; 2.1 Introduction; 2.2 Shareholder Direct Actions; 2.3 Shareholder Derivative Actions
  • 2.3.1 Shareholder Derivative Actions in China2.3.1.1 Introduction and Development of Shareholder Derivative Actions; 2.3.1.2 Anatomy of Derivative Actions Under the PRC Company Law 2014; 2.3.1.3 Problems and Recommendations for Reform; 2.3.1.4 Summary; 2.3.2 Shareholder Derivative Actions in the United Kingdom; 2.3.2.1 The Traditional Foss Rule and Its Exceptions; 2.3.2.2 The Legal Framework of Statutory Derivative Actions Under the CA 2006; 2.3.2.3 Comments on the Statutory Derivative Actions Under the CA 2006; 2.3.2.4 Summary; 2.3.3 Shareholder Derivative Actions in the United States
  • 2.3.3.1 Introduction and Development of Shareholder Derivative Actions in the US2.3.3.2 The Legal Framework of Derivative Actions in the US; 2.3.3.3 Summary; 2.4 Shareholder Class Actions; 2.4.1 Class Actions in China; 2.4.1.1 A General Overview; 2.4.1.2 Rules Concerning Essential Collective Litigation; 2.4.1.3 Rules Concerning Ordinary Collective Litigation; 2.4.1.4 Rules and Practice Regarding Collective Litigation Arising from Securities Fraud; 2.4.2 Class Actions in the United Kingdom; 2.4.3 Class Actions in the United States; 2.4.3.1 Rules 23 of the Federal Rules of Civil Procedure
  • 2.4.3.2 Securities Fraud Actions in the US2.4.3.3 The Private Securities Litigation Reform Act of 1995 (The PSLRA 1995); 2.4.3.4 The Problematic Role of Plaintiffs' Lawyers in Securities Class Actions; 3 Rules on the Costs and Funding of Shareholder Litigation; 3.1 General Rules on the Costs of Shareholder Litigation; 3.1.1 Costs Arising; 3.1.1.1 The Court Charges; 3.1.1.2 The Lawyers' Fees; 3.1.2 The Cost-Shifting Rule; 3.1.3 Shareholder Litigation Is Expensive and It Lacks Incentives for Litigants; 3.2 How to Fund Shareholder Litigation: General Funding Techniques
Dimensions
unknown
Extent
1 online resource
File format
unknown
Form of item
online
Isbn
9789811036231
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
SpringerLink
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
Stock number
com.springer.onix.9789811036231
System control number
  • (OCoLC)984342626
  • (OCoLC)ocn984342626
Label
A comparative study of funding shareholder litigation, Wenjin Chen
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Acknowledgements; Contents; Abbreviations; Summary; 1 Introduction; 1.1 A General Evaluation of Shareholder Litigation: Pros and Cons; 1.1.1 Positive Externalities Brought by Shareholder Litigation; 1.1.2 Potential Drawbacks of Shareholder Litigation; 1.2 The Proposal of 'Funding Shareholder Litigation'; 1.2.1 What Is the Funding Problem with Shareholder Litigation?; 1.2.2 Why Funding Issue Is Crucial for Shareholder Litigation?; 1.2.3 How Will This Book Investigate Funding Issue of Shareholder Litigation?; 1.3 The Structure of the Comparative Study; 1.3.1 The Structure of the Book
  • 1.3.2 The Countries Chosen for the Comparative Study1.3.2.1 China; 1.3.2.2 The United States; 1.3.2.3 The United Kingdom; 1.3.2.4 Canada (Ontario and Quebec); 1.3.2.5 Israel; 1.3.2.6 Australia; 1.4 The Scope of the Comparative Study; 1.4.1 Public Funding; 1.4.2 Third Party Litigation Funding (TPLF); 1.4.3 Lawyer's Funding; 1.4.3.1 Contingency Fee Arrangements (CGFAs); 1.4.3.2 Conditional Fee Agreements (CFAs); 1.4.4 Company's Funding (Indemnity Cost Orders, ICO); 2 An Overview of Shareholder Litigation; 2.1 Introduction; 2.2 Shareholder Direct Actions; 2.3 Shareholder Derivative Actions
  • 2.3.1 Shareholder Derivative Actions in China2.3.1.1 Introduction and Development of Shareholder Derivative Actions; 2.3.1.2 Anatomy of Derivative Actions Under the PRC Company Law 2014; 2.3.1.3 Problems and Recommendations for Reform; 2.3.1.4 Summary; 2.3.2 Shareholder Derivative Actions in the United Kingdom; 2.3.2.1 The Traditional Foss Rule and Its Exceptions; 2.3.2.2 The Legal Framework of Statutory Derivative Actions Under the CA 2006; 2.3.2.3 Comments on the Statutory Derivative Actions Under the CA 2006; 2.3.2.4 Summary; 2.3.3 Shareholder Derivative Actions in the United States
  • 2.3.3.1 Introduction and Development of Shareholder Derivative Actions in the US2.3.3.2 The Legal Framework of Derivative Actions in the US; 2.3.3.3 Summary; 2.4 Shareholder Class Actions; 2.4.1 Class Actions in China; 2.4.1.1 A General Overview; 2.4.1.2 Rules Concerning Essential Collective Litigation; 2.4.1.3 Rules Concerning Ordinary Collective Litigation; 2.4.1.4 Rules and Practice Regarding Collective Litigation Arising from Securities Fraud; 2.4.2 Class Actions in the United Kingdom; 2.4.3 Class Actions in the United States; 2.4.3.1 Rules 23 of the Federal Rules of Civil Procedure
  • 2.4.3.2 Securities Fraud Actions in the US2.4.3.3 The Private Securities Litigation Reform Act of 1995 (The PSLRA 1995); 2.4.3.4 The Problematic Role of Plaintiffs' Lawyers in Securities Class Actions; 3 Rules on the Costs and Funding of Shareholder Litigation; 3.1 General Rules on the Costs of Shareholder Litigation; 3.1.1 Costs Arising; 3.1.1.1 The Court Charges; 3.1.1.2 The Lawyers' Fees; 3.1.2 The Cost-Shifting Rule; 3.1.3 Shareholder Litigation Is Expensive and It Lacks Incentives for Litigants; 3.2 How to Fund Shareholder Litigation: General Funding Techniques
Dimensions
unknown
Extent
1 online resource
File format
unknown
Form of item
online
Isbn
9789811036231
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
SpringerLink
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
Stock number
com.springer.onix.9789811036231
System control number
  • (OCoLC)984342626
  • (OCoLC)ocn984342626

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