[PDF] Top 20 Following on the Foreign Corrupt Practices Act: The Dynamic Shareholder Derivative Suit

... derivative suit without making demand on the ...follow-on derivative suit because the plaintiff failed to satisfy the “very narrow” irreparable-harm demand exception and could not show threat ... See full document

... an act as lawful or unlawful must be determined by the law of the country where it is ...2869. Following World War II, the Second Circuit, sitting on a special panel as the nation’s highest court, extended ... See full document

... Thus, although a court may end its analysis where a statute has no extraterritorial application on its face, if a statute such as the FCPA com- municates a Congressional intention to apply extraterritorially, courts ... See full document

... the following five elements: (1) the company self-reported the potential violation to the government; (2) the company undertook an internal investigation; (3) the company took immediate action to halt the ... See full document

... political accountability can be quite unresponsive to particular abuses. See Collins & Myers, supra note 25, at 331 (“The net result is that the slow, cumbersome, and sometimes unresponsive electoral process remains ... See full document

... Fines Act, which is then used to increase fines above the FCPA- mandated limits to twice the amount the offender stood to gain through his or her illicit financial ... See full document

... Montana’s Corrupt Practices ...indeed corrupt Montana politics, but that occurred between 1891 and 1903, many years before the law was enacted in ...Montana’s Corrupt Practices ... See full document

... 0 5 This responsibility of the parent corporation is reflected in the SEC and Schering-Plough negotiated settlement of penalties related to the asserted bribery and recordkeeping/interna[r] ... See full document

... in shareholder litigation—or so it ...Reform Act (PSLRA) was designed to end the influence of shareholder plaintiffs who had little or no connection to the underlying ...In shareholder ... See full document

... 9 5 British courts will not interfere with a director's decision not to pay a dividend, but an individual shareholder may bring suit to restrain an improper payment[r] ... See full document

... In dismissing this class action suit brought on behalf of the residents of Cuyahoga County-which charged that creation of a shopping center would cause the violatio[r] ... See full document

... 47. See Sloan & Loalbo, supra note 41, at 186. Appreciated, straight dividend, and complete liquidation distributions as well as liquidating sales, however, remained immune from tax at the corporate level. See ... See full document

... Following approval of the Foreign Airport Security Act in 1985, the Committee on Foreign Affairs undertook further hearings which eventually resulted in approval of [r] ... See full document

... Corruption can take many forms. Bribery may be the paradigm case. But the difference between selling a vote and selling access is a matter of degree, not kind. And selling access is not qualitatively different from ... See full document

... providing shareholder democracy, this myth is frequently debunked by commentators who highlight obstacles in the path of shareholders wishing to involve themselves in corporate ...to shareholder attendance ... See full document

... Accordingly, the first bill he forwarded to the National Assembly was the Corrupt Practices and Other Related Offenses bill, which became the Corrupt Practices and Other [r] ... See full document

... the Foreign Corrupt Practices Act?, 20 V AND ...the Foreign Corrupt Practices Act: A Case Study of ...far-reaching Foreign Corrupt Practices ... See full document

... 708, the Senate Committee stated that, as a result of the FCPA's interpretive problems, United States businesses have lost legitimate export opportunities and have incurred unreasonable [r] ... See full document

... any foreign official for purposes of—(A) (i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any ... See full document

... Use of the securities laws to regulate foreign bribery entered a new phase with the passage of the Foreign Corrupt Practices Act of 1977 (FCPA).I Prior to the enact[r] ... See full document