New Derivative Action May Lead To Increased Claims Against Directors.Pendell, GuyDavies, Lindsey
derivative action这一术语主要应用于英美法的公司制度中,可以翻译为“股东代表诉讼”,又称“派生诉讼”、“代位诉讼”,是指当公司怠于通过诉讼手段追究有关侵权人员的民事责任及实现其它权利时,具有法定资格的股东为了公司的利益而依据法定程序代公司提起的诉讼。它源于英国1864年东潘多铅矿公司诉麦瑞威泽案的判例。该...
derivative actionnoun: a suit brought by a shareholder on behalf of a corporation or by a member on behalf of an association to assert a cause of action usually against an officer which the corporation or association has itself failed to assert for its injuries called also derivative suit, ...
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(through Vice Chancellor Laster) held that Delaware law governs whether a court should accord collateral-estoppel effect to the dismissal of a prior derivative action for failure to make a pre-suit demand on the board of directors – and that, under Delaware law, a prior dismissal for l...
Shareholders derivative action is a kind of suit when the corporation refuses to takeaction against directors, officers, or others for wrongdoing that has harmed thecorporation. 股东派生诉讼(Shareholder’s Derivative Action)是指当公司的利益受到侵害而公司却怠于起诉,或者说公司的操纵者拒绝以公司名义起诉...
Often the need ari ses w here a board declines to pursue an acti on against directors for breach of thei r common l aw or statutory fi duci ary or other duti es. A ustrali an l aw recogni ses the ri ght of sharehol ders to undertake deriv ativ e acti ons on behal f of the...
lawsuit is filed against a member of the company's management who committed an illegal, unethical, or negligent act.Directors' and officers' liability insurancecan protect the management fromlossesas the result of one of these lawsuits. They are also called derivative suits and derivative action. ...
太繁忙以至于不能很多时间有你在开玩笑吗?[translate] aDerivative action: claim by minority shareholders to protect the company’s interests from being harmed by mismanagement by directors. 微分作用: 要求由保护公司的利益的少数股东免受由管理不善被危害由主任。[translate]...
derivative action n. a lawsuit brought by a corporation shareholder against the directors, management and/or other shareholders of the corporation, for a failure by management. In effect, the suing shareholder claims to be acting on behalf of the corporation, because the directors and management ar...