A comparative study of funding shareholder litigation. (2017)

• Record Type: Book
• Further Information: Note: Wenjin Chen.
• Authors: Chen, Wenjing
• 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.
• Publisher Details: Singapore : Springer
• Publication Date: 2017
• Extent: 1 online resource
• Subjects: 347/.057; Third party litigation funding; LAW -- Essays; LAW -- General Practice; LAW -- Jurisprudence; LAW -- Paralegals & Paralegalism; LAW -- Practical Guides; LAW -- Reference; Third party litigation funding; Law; Private International Law, International & Foreign Law, Comparative Law; Commercial Law; Business Law; Electronic books; Electronic books
• Languages: English
• ISBNs: 9789811036231; 9811036233
• Related ISBNs: 9789811036224; 9811036225
• Notes: Note: Includes bibliographical references.; Note: Online resource; title from PDF title page (EBSCO, viewed May 26, 2017).
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.