Appraisal Rights — The Next Frontier in Deal Litigation?

Appraisal, or dissenters’, rights, long an M&A afterthought, have recently attracted more attention from dealmakers as a result of a number of largely unrelated factors. By way of brief review, appraisal rights are a statutory remedy available to objecting stockholders in certain extraordinary transactions.
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Comparative study assists reform of Chapter 11

Chapter 11 has been a leading US “export” in the last ten years, with countries around the world modernising their insolvency laws, many using Chapter 11 as an example. Since its enactment in 1978, the US Bankruptcy Code has become an essential business tool for distressed companies in the US.
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OECD - Who Cares? Corporate Governance in Today’s Equity Markets

There are two main sources of confusion in the public corporate governance debate. One is the confusion about the role of public policy intervention. The other is a lack of empirical knowledge about the corporate landscape where rules are supposed to be implemented and the functioning of today’s equity markets, where voting rights and cash flow rights are traded. To mitigate some of this confusion, this paper provides both an analytical framework for the role of public policy and a description of the empirical context that influences the conditions for that policy.
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The Alien Tort Statute: Kiobel Dials it Back

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Apr. 17, 2013), the U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS). Consequently, there is no federal court jurisdiction under the ATS for torts in violation of the law of nations that occur in a foreign country.
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