entity · derived
Comparative corporate law
Derived node: assembled mechanically from the claims carrying comparative-corporate-law. A roster, not an adjudicated definition.
Every claim under this term
- 1558614-006 : Although the business judgment rule is articulated differently in the two countries and German law leaves somewhat more room to challenge risky decisions, in both the United States and Germany the rul
- 1558614-017 : For different structural reasons in each country, corporate law in both Germany and the United States has little to say about the problem of excessive risk.
- 1558614-022 : The German and U.S. business judgment rules diverge most sharply at the German rule's fifth element, the requirement of no hazard decision or excessive risk taking, which German law presumes but allow
- kaal-2013-acomparativeperspectiveo-011 : Germany has taken a much stricter approach than the United States to cases involving a breach of the duty of oversight, even though the German business judgment rule formally requires a showing of the
- kaal-2013-acomparativeperspectiveo-014 : The German ARAG/Garmenbeck holding is diametrically opposed to In re Citigroup, where the Delaware Chancery Court declared that directors' incorrect evaluation of business risk did not violate the dut
- kaal-2013-acomparativeperspectiveo-017 : Despite the limits of the comparison, had In re Citigroup and Disney been decided in Germany the allocation of liability would have been different, because German courts are generally more willing tha
- kaal-2013-acomparativeperspectiveo-018 : The different legal standards for allocating liability in Germany and the United States illustrate rather different legal and societal attitudes toward managers' risk-taking.