Entrepreneurial Litigation

Entrepreneurial Litigation PDF

Author: John C. Coffee Jr.

Publisher: Harvard University Press

Published: 2015-06-08

Total Pages: 318

ISBN-13: 0674287096

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Uniquely in the United States, lawyers litigate large cases on behalf of many claimants who could not afford to sue individually. In these class actions, attorneys act typically as risk-taking entrepreneurs, effectively hiring the client rather than acting as the client’s agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, such entrepreneurial litigation invites lawyers to sometimes act more in their own interest than in the interest of their clients. And because class litigation aggregates many claims, defendants object that its massive scale amounts to legalized extortion. Yet, without such devices as the class action and contingent fees, many meritorious claims would never be asserted. John Coffee examines the dilemmas surrounding entrepreneurial litigation in a variety of specific contexts, including derivative actions, securities class actions, merger litigation, and mass tort litigation. His concise history traces how practices developed since the early days of the Republic, exploded at the end of the twentieth century, and then waned as Supreme Court decisions and legislation sharply curtailed the reach of entrepreneurial litigation. In an evenhanded account, Coffee assesses both the strengths and weaknesses of entrepreneurial litigation and proposes a number of reforms to achieve a fairer balance. His goal is to save the class action, not discard it, and to make private enforcement of law more democratically accountable. Taking a global perspective, he also considers the feasibility of exporting a modified form of entrepreneurial litigation to other countries that are today seeking a mechanism for aggregate representation.

The Law and Business of Litigation Finance

The Law and Business of Litigation Finance PDF

Author: Steven Friel

Publisher: Bloomsbury Publishing

Published: 2020-12-01

Total Pages: 497

ISBN-13: 152651527X

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The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

Entrepreneurship Law

Entrepreneurship Law PDF

Author: Stephen F. Reed

Publisher: Aspen Publishing

Published: 2021-01-31

Total Pages: 621

ISBN-13: 154381753X

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Modern cases highlight the legal principles involving parties and situations that are entrepreneurial in nature in this one-of-a kind text. Students are presented with solid doctrine in the various disciplines covered in Entrepreneurship Law and come to understand their interrelatedness. A chronological approach, from the conception of the idea through all stages of the business, includes potential exit strategies such as the sale of the venture or an initial public offering. Hypotheticals, in the form of a running case study based on the authors’ vast experience as practicing attorneys, focus on the very real issues entrepreneurs face. The authors teach at Northwestern Law, well-known for its entrepreneurship course, which is one of the longest-running in the United States. Entrepreneurship Law: Cases and Materials is the only law school casebook of its kind. New to the Second Edition: New cases and readings reflecting changing doctrine in employment law, intellectual property, and securities law (including crowdfunding) Greater attention to social entrepreneurs, including the addition of public benefit corporations, L3Cs, and nonprofits to the chapter on creating an entity Refreshed and updated readings and materials reflecting current trends and practices in financing of entrepreneurial ventures Updates reflecting feedback from current adopters and students in the authors’ course at Northwestern Professors and student will benefit from: Modern cases that highlight the legal principles involving parties and situations that are entrepreneurial in nature Presents solid doctrine in the various disciplines covered in Entrepreneurship Law while also emphasizing their interrelatedness Provides a chronological approach to the subject, from the conception of the idea through all stages of the business, including potential exit strategies such as the sale of the venture or an initial public offering Contains hypotheticals and involved, practice-oriented skills-based problems that focus on actual issues entrepreneurs face that are informed by the authors’ real experiences as practicing attorneys Classroom tested by faculty at multiple law schools. Authors teach at Northwestern Law, well-known for its entrepreneurship course, one of the longest-running in the United States The only law school casebook of its kind Teaching materials Include: Website for adopting faculty with resources including sample syllabi, practice problems, and other curricular materials

Business Law for Entrepreneurs

Business Law for Entrepreneurs PDF

Author: Margo E.K. Reder

Publisher: Edward Elgar Publishing

Published: 2021-03-26

Total Pages: 463

ISBN-13: 178990255X

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Business Law for Entrepreneurs covers the unique business and legal issues of startups and small businesses. This cutting-edge textbook provides students with the competence and practical insights required to identify and respond to emerging challenges in our rapidly evolving business and legal environment.

The Entrepreneur's Legal Companion

The Entrepreneur's Legal Companion PDF

Author: Daniel V.. Davidson

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781683284192

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Learn how to recognize and avoid legal risks for venture growth and success. Entrepreneurs need to be familiar with a number of legal issues in order to protect the ideas and investments in their enterprises. "The Entrepreneur's Legal Companion" provides practical information on how entrepreneurs can manage and minimize legal risks.

Family Business

Family Business PDF

Author: Julie Hardwick

Publisher: Oxford University Press on Demand

Published: 2009-06-25

Total Pages: 268

ISBN-13: 0199558078

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In 17th-century France, families were essential in the shaping of capitalism and the process of state formation. Exploring civil lawsuits in French cities, 'Family Business' reveals the part that the management of everyday difficulties, in court and out, played in these wider phenomena.

Entrepreneurship Law

Entrepreneurship Law PDF

Author: Stephen F. Reed

Publisher: Wolters Kluwer

Published: 2021-01-31

Total Pages: 0

ISBN-13: 9781454899730

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Modern cases highlight the legal principles involving parties and situations that are entrepreneurial in nature in this one-of-a kind text. Students are presented with solid doctrine in the various disciplines covered in Entrepreneurship Law and come to understand their interrelatedness. A chronological approach, from the conception of the idea through all stages of the business, includes potential exit strategies such as the sale of the venture or an initial public offering. Hypotheticals, in the form of a running case study based on the authors’ vast experience as practicing attorneys, focus on the very real issues entrepreneurs face. The authors teach at Northwestern Law, well-known for its entrepreneurship course, which is one of the longest-running in the United States. Entrepreneurship Law: Cases and Materials is the only law school casebook of its kind. New to the Second Edition: New cases and readings reflecting changing doctrine in employment law, intellectual property, and securities law (including crowdfunding) Greater attention to social entrepreneurs, including the addition of public benefit corporations, L3Cs, and nonprofits to the chapter on creating an entity Refreshed and updated readings and materials reflecting current trends and practices in financing of entrepreneurial ventures Updates reflecting feedback from current adopters and students in the authors’ course at Northwestern Professors and student will benefit from: Modern cases that highlight the legal principles involving parties and situations that are entrepreneurial in nature Presents solid doctrine in the various disciplines covered in Entrepreneurship Law while also emphasizing their interrelatedness Provides a chronological approach to the subject, from the conception of the idea through all stages of the business, including potential exit strategies such as the sale of the venture or an initial public offering Contains hypotheticals and involved, practice-oriented skills-based problems that focus on actual issues entrepreneurs face that are informed by the authors’ real experiences as practicing attorneys Classroom tested by faculty at multiple law schools. Authors teach at Northwestern Law, well-known for its entrepreneurship course, one of the longest-running in the United States The only law school casebook of its kind Teaching materials Include: Website for adopting faculty with resources including sample syllabi, practice problems, and other curricular materials

The Art of Preventing Stupid

The Art of Preventing Stupid PDF

Author: Matthew Neill Davis

Publisher: Greenleaf Book Group

Published: 2019-04-02

Total Pages: 229

ISBN-13: 1732510229

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In a world where most businesses fail, The Art of Preventing Stupid offers a system for leaders to solve common business problems before they happen. Author Matthew Neill Davis introduces the Preventing Stupid Method to running a business, a method that guides readers in identifying, categorizing, and prioritizing threats to and weaknesses in their business. This book details how to efficiently prevent and manage potential and present problems and helps business owners and managers learn how to create leads for a more profitable business. You will learn how to seize opportunities rather than wallow in problems that should never have made it to the surface. Forward-thinking risk management This book delivers bold business strategy rooted in forward-thinking risk management. It is about changing how leaders think, so they can run their business with confidence, effectiveness, and profitability. It shows struggling entrepreneurs how to weed out the stupid mistakes they’re making, so they can move forward. For those already running a business, it offers next-level risk management strategies to make work easier, more profitable, and more secure. ​Advice from a lawyer In The Art of Preventing Stupid, you’ll get a lawyer’s perspective and insight and the value of a fractional general counsel for the cost of a single book. Matthew Neill Davis of Davis Law, PLLC, a firm that has three times made the Law Firm 500 for being among the fastest-growing law firms in the nation, will show you how to make smart, meaningful changes to successfully grow your organization. With his extensive litigation and business representation experience and expertise in building and running custom legal departments for businesses and nonprofits, he has dedicated himself to helping business owners make smart business decisions.

Corporate Crime and Punishment

Corporate Crime and Punishment PDF

Author: John C. Coffee

Publisher: Berrett-Koehler Publishers

Published: 2020-08-04

Total Pages: 214

ISBN-13: 1523088877

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A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester