Research Handbook on Representative Shareholder Litigation
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Research Handbook on Representative Shareholder Litigation

Edited by Sean Griffith, Jessica Erickson, David H. Webber and Verity Winship

Written by leading scholars and judges in the field, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It explores how related issues are addressed across the globe, with examinations of shareholder litigation in the United States, Canada, the United Kingdom, the European Union, Israel, and China. This Research Handbook will be an invaluable resource on this important topic for scholars, practitioners, judges and legislators.
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Chapter 20: Jurisdiction over directors and officers in Delaware

Eric A. Chiappinelli

Abstract

This chapter provides an overview of the necessary jurisdictional underpinnings for shareholder litigation, with a focus on Delaware. Over time, the courts and the state legislature have developed a set of statutes and standards that allow Delaware courts to hear cases against nonresident directors and officers of corporations organized in the state. The chapter outlines the multiple sources of adjudicatory power: implied consent statutes, long-arm statutes, and conspiracy jurisdiction. With a critical eye, it analyses the expansive geographic reach claimed by Delaware courts.

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