Speaker, «
Shareholder Claims Under NAFTA,» Joint IAI - CIDS - UNCITRAL conference on «Concurrent Proceedings in Investment Disputes: Treaty Arbitrations Brought by Shareholders,» Paris, November 22, 2013.
Not exact matches
To be sure, the SEC and its supporters
claim that the proxy rules simply make effective rights
shareholders have
under state law, [6] but in fact
shareholder control rights
under the latter are extremely limited.
«If it does, voting
shareholders may properly
claim that their interests have been unfairly disregarded or prejudiced
under what is known as the «oppression remedy.»
Representing an overseas company in relation to a high value international
shareholders» dispute, derivative action and fraud
claim brought
under the UNCITRAL arbitration rules.
Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties;
shareholder disputes; derivative
claims; jurisdiction issues; applications
under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and
claims concerning undue influence.
Anton is currently instructed by a major private Russian bank in a fraud
claim (brought
under Russian law) for more than US$ 1 billion against former directors and
shareholders and their wives: National Bank Trust v Yurov & others [2016] EWHC 1913 (Comm).
He has acted for the liquidator in Edennote v Terry Venables; successfully resisted the winding - up of Stock, Aiken & Waterman; acted for the preference
shareholders in the Barings dispute; advises on
claims involving the transaction avoidance provisions of the Insolvency Act; appeared in Edward Klempka: In Re Parkside — important authority on the question of what amounts to a preference when dealing with common directorships; acted for the Cayman Islands» appointed SPC Receiver in the # 100m Axiom LItigiation Funding Fraud case which involved the first case of a SPC Receiver being recognised
under the Cross-Border Insolvency Regulations 2006; has recently advised on several schemes of arrangement; regularly advises on recovery of assets in an insolvency context using the transaction avoidance rules.
David acts for clients in a wide range of disputes, including
shareholder and partnership disputes, securities litigation, class action defence, proceedings
under the Competition Act, and professional negligence
claims.
He has acted successfully in many major commercial cases involving corporate and contract disputes,
shareholders litigation, first party
claims under property policies, disputes
under liability policies, D & O, subrogation, casualty, product liability and professional malpractice
claims.
Kiani v Cooper Ref: [2010] 2 BCLC 427 Acted for successful applicant in the first reported case of the Court granting permission, following a contested hearing, for a
shareholder to continue a derivative
claim under the Companies Act 2006.
Following the accident, the plaintiff then brought suit against DLN Enterprises, Inc. («DLN»), which owns the Tavern, and Richard Smith, the sole
shareholder of DLN, alleging
claims under Georgia's Dram Shop law, O.C.G.A. § 51-1-40, as well as negligent training and supervision
claims.
Recently he has particularly been involved in a
shareholder unfair prejudice
claim, a breach of contract
claim in respect of a business in Dubai and a
claim for unpaid invoices
under a construction contract which involves allegations of interference with contract and conspiracy to cause harm.
David has acted for clients in a wide range of disputes, including
shareholder and partnership disputes, securities litigation, class action defence, proceedings
under the Competition Act, employment law disputes, contract disputes, breach of confidence / intellectual property disputes, fidelity bond
claims, and professional negligence
claims.
Clifford acts in most types of commercial and insolvency litigation including Pre-emptive remedies, Minority
Shareholder Actions,
claims against Directors for breach of duty,
claims for Unjust Enrichment or for Breach of Fiduciary duties,
Shareholder Disputes, Partnership Disputes,
claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Covenants.
Under the 2006 Act, a
shareholder may seek leave of the court to bring a
claim in the name of the company, potentially against a sitting director (the court's leave being required because a Director will not sanction action against himself).
Sandra's recent experience includes: Advising on
claims arising from sales transactions in an insolvency, including the possible avoidance of antecedent transactions
under the IA1986 Acting on misfeasance
claims Providing strategic advice on partnership and minority
shareholder disputes in order to seek to manage the business disputes effectively and expeditiously in the interests of preserving any potential on - going, underlying business and goodwill
The BERR case concerns the well - known problem of when a majority
shareholder and / or director of a company that has become insolvent can
claim to have been an «employee» and thus entitled to
claim certain unpaid amounts from the secretary of state
under the Employment Relations Act 1996, s 182.
In recent cases, access has been granted to
shareholders of a company
under investigation who are interested in assessing potential civil
claims against the company.
Each chapter covers the normal range of
claims brought by
shareholders both
under statute and, where applicable, common - law.
Former Mt. Gox CEO Mark Karpeles publicly
claimed he «doesn't want» a windfall of 160,000 bitcoins, which should go to
shareholders under Japanese law.