Debating derivative actions in Legal Week

This week’s Legal Week - its monthly Global edition - contains an article of mine, Werner R. Kranenburg’s Debating derivatives, on US derivative actions against non-US corporations. What follows here are sources used, including two previous WV&Z posts which in turn include links to certain court documents, acknowledgements and annotations to the article.

A selection of the sources I have used, listing mainly the papers:

I wish to gratefully acknowledge Brian P. Murray of Murray Frank & Sailer LLP, Adam Savett of Securities Litigation Watch and Stefan Winheller of Winheller Rechtsanwälte for their respective contributions of material. Any errors or omissions are of course my own and you are kindly invited to contact me with any feedback.

And finally some notes and updates: In the final paragraph of the article I state that the two plaintiffs in the BP action are American Depository Receipt holders; it would have been more accurate to have stated that the two filing plaintiffs are ADR holders. As discussed in a previous post on the action (as above), they were later joined by the London Pension Fund Authority, a UK shareholder. The defence argued the ADR and standing issue in its notice of removal of the action to Alaska district court (here, p.7).

The latest news in the case is that both the motion to dismiss and the motion for reconsideration of the motion to dismiss were denied, on the 17th and 30th of May respectively.

(Subscribe to WV&Z here; Days left: 51, so posting will become lighter and more irregular still)

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