Entrepreneurial Litigation
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| Author | : John C. Coffee |
| Publisher | : Harvard University Press |
| Total Pages | : 318 |
| Release | : 2015-06-08 |
| Genre | : History |
| ISBN | : 0674736796 |
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
| Author | : John C. Coffee Jr. |
| Publisher | : Harvard University Press |
| Total Pages | : 318 |
| Release | : 2015-06-08 |
| Genre | : Law |
| ISBN | : 0674287096 |
Uniquely in the United States, lawyers litigate large cases on behalf of many claimants who could not afford to sue individually. In these class actions, attorneys act typically as risk-taking entrepreneurs, effectively hiring the client rather than acting as the client’s agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, such entrepreneurial litigation invites lawyers to sometimes act more in their own interest than in the interest of their clients. And because class litigation aggregates many claims, defendants object that its massive scale amounts to legalized extortion. Yet, without such devices as the class action and contingent fees, many meritorious claims would never be asserted. John Coffee examines the dilemmas surrounding entrepreneurial litigation in a variety of specific contexts, including derivative actions, securities class actions, merger litigation, and mass tort litigation. His concise history traces how practices developed since the early days of the Republic, exploded at the end of the twentieth century, and then waned as Supreme Court decisions and legislation sharply curtailed the reach of entrepreneurial litigation. In an evenhanded account, Coffee assesses both the strengths and weaknesses of entrepreneurial litigation and proposes a number of reforms to achieve a fairer balance. His goal is to save the class action, not discard it, and to make private enforcement of law more democratically accountable. Taking a global perspective, he also considers the feasibility of exporting a modified form of entrepreneurial litigation to other countries that are today seeking a mechanism for aggregate representation.
| Author | : David Marriott |
| Publisher | : New York Law Journal |
| Total Pages | : 0 |
| Release | : 2014-11-20 |
| Genre | : |
| ISBN | : 9781576258347 |
New York Business Litigation, edited by David R. Marriott, brings together 15 preeminent attorneys as chapter authors in this brand new New York deskbook published by the New York Law Journal. Each chapter is authoritative in its treatment of both black letter law in the text and supporting case or statutory authority in footnotes. Whether you are drafting pleadings, drafting legal memoranda for motions or marshalling evidence for trial, you will want to reference the collective expertise of these notable lawyer authors. Chapters include: Directors & Officers Liability, Partnership Liability, Oppressed Minority Shareholders, SEC Section 10(b) and Rule 10b 5, Antitrust, Restrictive Covenants, RICO and OCCA, Tortious Interference with Contract, Business Fraud, Unfair Competition, Privacy Protections, Employment Litigation, LLCs, Breach of Contract, Trade Secrets. The book is also issued in searchable e-pub format, viewable on a variety of tablets, and contains links to cases, statutes, and other authoritative content.
| Author | : Steven Friel |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 492 |
| Release | : 2020-12-01 |
| Genre | : Law |
| ISBN | : 1526515261 |
The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
| Author | : Allan Browne |
| Publisher | : |
| Total Pages | : 830 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
| Author | : Julie Hardwick |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 268 |
| Release | : 2009-06-25 |
| Genre | : Business & Economics |
| ISBN | : 0199558078 |
In 17th-century France, families were essential in the shaping of capitalism and the process of state formation. Exploring civil lawsuits in French cities, 'Family Business' reveals the part that the management of everyday difficulties, in court and out, played in these wider phenomena.
| Author | : Daniel V.. Davidson |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Business enterprises |
| ISBN | : 9781683284192 |
Learn how to recognize and avoid legal risks for venture growth and success. Entrepreneurs need to be familiar with a number of legal issues in order to protect the ideas and investments in their enterprises. "The Entrepreneur's Legal Companion" provides practical information on how entrepreneurs can manage and minimize legal risks.
| Author | : Alejandro Cremades |
| Publisher | : John Wiley & Sons |
| Total Pages | : 295 |
| Release | : 2021-07-27 |
| Genre | : Business & Economics |
| ISBN | : 1119797985 |
Learn how to sell your startup from an acquisition expert Many entrepreneurs dream of the day their company is acquired and they secure a perfect exit. But information about the process of getting your business acquired usually comes from expensive investment bankers who typically advise late-stage startups. In Selling Your Startup, serial entrepreneur Alejandro Cremades delivers an accessible guide on how to sell your startup. With first-hand experience as a fully exited entrepreneur, investment banker, and lawyer, Cremades describes the tips and tricks startup founders need to sell their early-stage to growth-stage business. In this book, you’ll discover: The role that investment bankers play in the acquisition process, how they add value, and how to break down their fees Preparing your company for sale, including compiling a pitch book, putting its finances in order, and building a target list of potential acquirers How to get to a Letter of Intent, perform due diligence, and reach a purchase agreement Perfect for entrepreneurs of all kinds, Selling Your Startup is a must-have roadmap to the practical realities of company acquisition and contains proven guidance on crafting your perfect exit.
| Author | : Robert McHale |
| Publisher | : Que Publishing |
| Total Pages | : 522 |
| Release | : 2012-05-01 |
| Genre | : Computers |
| ISBN | : 0133033643 |
The plain-English business guide to avoiding social media legal risks and liabilities—for anyone using social media for business—written specifically for non-attorneys! You already know social media can help you find customers, strengthen relationships, and build your reputation, but if you are not careful, it also can expose your company to expensive legal issues and regulatory scrutiny. This insightful, first-of-its-kind book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media. Distilling his knowledge into a 100% practical guide specifically for non-lawyers, author and seasoned business attorney, Robert McHale, steps out of the courtroom to review today’s U.S. laws related to social media and alert businesses to the common (and sometimes hidden) pitfalls to avoid. Best of all, McHale offers practical, actionable solutions, preventative measures, and valuable tips on shielding your business from social media legal exposures associated with employment screening, promotions, endorsements, user-generated content, trademarks, copyrights, privacy, security, defamation, and more... You’ll Learn How To • Craft legally compliant social media promotions, contests, sweepstakes, and advertising campaigns • Write effective social media policies and implement best practices for governance • Ensure the security of sensitive company and customer information • Properly monitor and regulate the way your employees use social media • Avoid high-profile social media mishaps that can instantly damage reputation, brand equity, and goodwill, and create massive potential liability • Avoid unintentional employment and labor law violations in the use of social media in pre-employment screening • Manage legal issues associated with game-based marketing, “virtual currencies,” and hyper-targeting • Manage the legal risks of user-generated content (UGC) • Protect your trademarks online, and overcome brandjacking and cybersquatting • Understand the e-discovery implications of social media in lawsuits
| Author | : David Marriott |
| Publisher | : New York Law Journal |
| Total Pages | : 886 |
| Release | : 2018-11-28 |
| Genre | : |
| ISBN | : 9781628814613 |
New York Business Litigation, edited by David R. Marriott, brings together 15 preeminent attorneys as chapter authors in this New York title published by the New York Law Journal. Each chapter is authoritative in its treatment of both black letter law in the text and supporting case or statutory authority in footnotes. Whether you are drafting pleadings, drafting legal memoranda for motions or marshaling evidence for trial, you will want to reference the collective expertise of these notable lawyer authors. Directors & Officers Liability Gregory A. Markel, Cadwalader, Wickersham & Taft LLP Partnership Liability Paul Spagnoletti, Davis Polk & Wardwell LLP Oppressed Minority Shareholders Robyn F. Tarnofsky, Paul, Weiss, Rifkind, Wharton & Garrison LLP Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b 5 Jonathan K. Youngwood, Simpson, Thacher & Bartlett LLP Antitrust Karin DeMasi, Cravath, Swaine & Moore LLP Restrictive Covenants under New York Law M. Alexander Bowie, II, Day Pitney LLP RICO and OCCA Katya Jestin, Jenner & Block LLP Tortious Interference with Contract in New York Teena-Ann Sankoorikal, Cravath, Swaine & Moore LLP Business Fraud Mei Lin Kwan-Gett, Willkie Farr & Gallagher LLP The Lanham Act and Unfair Competition in New York Peter Macdonald, WilmerHale Privacy Protections Randi W. Singer, Weil, Gotshal & Manges LLP Employment Law Litigation Howard Z. Robbins, Proskauer Rose LLP Limited Liability Companies William Wallace, Clifford Chance LLP Breach of Contract John S. Kiernan, Debevoise & Plimpton LLP Trade Secrets P. Anthony Sammi, Skadden, Arps, Slate, Meagher & Flom LLP
