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 21: Stockholder litigation, fiduciary duties, and the officer dilemma

Megan Wischmeier Shaner

Abstract

The focus of this chapter is shareholder litigation against corporate officers. Tracing the divergence between the development of director and officer fiduciary duties, the author points out that stockholder litigation is rarely used to hold officers accountable. The chapter explores the causes and consequences of this gap in corporate law, and suggests remedial approaches targeted at officers’ managerial role.

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