Liability of Corporate Groups and Networks

Liability of Corporate Groups and Networks
Author: Christian A. Witting
Publisher: Cambridge University Press
Total Pages: 501
Release: 2018-01-11
Genre: Business & Economics
ISBN: 1107039924

Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.

Liability of Corporate Groups and Networks

Liability of Corporate Groups and Networks
Author: Christian A. Witting
Publisher: Cambridge University Press
Total Pages: 502
Release: 2018-01-11
Genre: Law
ISBN: 1108654363

What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.

Corporate Social Capital and Liability

Corporate Social Capital and Liability
Author: Roger Th.A.J. Leenders
Publisher: Springer Science & Business Media
Total Pages: 586
Release: 1999-07-31
Genre: Business & Economics
ISBN: 9780792385011

What enables some organizations to routinely perform better than others? Conversely, what makes some firms consistently perform worse than their competitors? Within a single corporation, what enables some teams or individual firm members to outperform their counterparts? Through the concept of social capital, this book addresses these questions by studying the effects of relationship networks on the ability of corporate players (firms and their members) to attain their professional goals. The idea of social capital has become one of the premier approaches to studying networks in the context of organizations but the literature still lacks a conceptual paradigm that connects the various approaches, definitions and measure of social capital into an integrated analytical model. By explicitly connecting social networks to the goals of corporate players, this book provides a unifying framework to the study of social capital in an organizational context. In this volume `social capital' is defined as the resources that accrue to an actor through his or her social relationships and that aid in the attainment of goals. The book introduces the new notion of `social liability' as a framework to analyze the negative effects social networks can have on the attainment of goals by firms and/or their members. Corporate Social Capital and Liability thus presents a new way to tie together findings and approaches in the literature by explicitly addressing the distinction between networks and outcomes, the distinction between networks at the level of firms and networks at the level of individuals, and the distinction between positive outcomes of social structure (social capital) and negative outcomes (social liability). The book's contributors are forty-six acclaimed scholars from around the world with backgrounds in management, business and sociology. Together, they describe how social relationships within and between firms positively affect the ability of corporations to achieve fruitful alliances; gain access to information, resources, knowledge and financial capital; and recruit qualified personnel. The book makes an explicit distinction between networks at the level of firms and networks at the level of individuals. The outcomes of networks are also considered at these different analytical levels by addressing such questions as: how do social relationships between firms assist firms and individuals in the attainment of their goals? How do these relationships obstruct goals? What is the effect of networks between individuals (within and between firms) on the performance of these individuals and the firms they work for? Can networks be managed to yield social capital rather than social liability? The unifying framework of social capital and social liability is helpful in studying business enterprises, and also useful in other disciplines which analyze social networks and organizations, such as community studies, economics, and political science.

Corporate Duties to the Public

Corporate Duties to the Public
Author: Barnali Choudhury
Publisher: Cambridge University Press
Total Pages: 387
Release: 2019-01-10
Genre: Business & Economics
ISBN: 1108421466

Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.

Research Handbook on Corporate Purpose and Personhood

Research Handbook on Corporate Purpose and Personhood
Author: Pollman, Elizabeth
Publisher: Edward Elgar Publishing
Total Pages: 432
Release: 2021-09-28
Genre: Law
ISBN: 1789902916

This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Sustainability and Corporate Mechanisms in Asia

Sustainability and Corporate Mechanisms in Asia
Author: Ernest Lim
Publisher: Cambridge University Press
Total Pages: 431
Release: 2020-04-02
Genre: Law
ISBN: 110849451X

This book critically examines how corporate law and governance can be and should be used to promote sustainability in Asia.

Principles of Corporate Finance Law

Principles of Corporate Finance Law
Author: EilĂ­s Ferran
Publisher: Oxford University Press
Total Pages: 705
Release: 2023-09-27
Genre: Law
ISBN: 0192634682

Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.

Introduction to Business

Introduction to Business
Author: Lawrence J. Gitman
Publisher:
Total Pages: 1455
Release: 2024-09-16
Genre: Business & Economics
ISBN:

Introduction to Business covers the scope and sequence of most introductory business courses. The book provides detailed explanations in the context of core themes such as customer satisfaction, ethics, entrepreneurship, global business, and managing change. Introduction to Business includes hundreds of current business examples from a range of industries and geographic locations, which feature a variety of individuals. The outcome is a balanced approach to the theory and application of business concepts, with attention to the knowledge and skills necessary for student success in this course and beyond. This is an adaptation of Introduction to Business by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License.

Corporate Group Legitimacy

Corporate Group Legitimacy
Author: Peter Underwood
Publisher: Taylor & Francis
Total Pages: 168
Release: 2024-08-01
Genre: Law
ISBN: 1040096425

This book focuses on the legitimacy of corporate power wielded by corporate groups, integrating legal doctrine, economic analysis, and theoretical approaches. It reassesses how corporate groups can maintain legitimacy whilst exercising corporate power. Corporate groups are a prominent commercial feature of many jurisdictions and present unique challenges. The book argues that when analysed through the lens of corporate social responsibility, a legitimacy deficiency emerges. This arises from a lack of historical debate, diluted control mechanisms, and inflated growth, utilising unique features of the corporate group. It explores how the magnified power of the corporate group presents acute challenges for corporate legitimacy. Data is utilised alongside current examples of corporate groups which identify structural architectural patterns. It explores new technologies such as Artificial Intelligence and blockchain as ways of attaining legitimacy. It presents methods of attaining legitimacy for the continued wielding of power to be held within corporate groups. This book spans several research interests under the corporate law umbrella. It will be of interest to traditional black letter company lawyers. Additionally, it will be of interest to those who have an interest in business and those who are interested in the role of technology.