class action suits
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2016 ◽  
Vol 23 (2) ◽  
pp. 414-426
Author(s):  
Dishi Bhomawat

Purpose As a part of the overhaul of the corporate governance norms, the Indian Government recently introduced class action suits for shareholders in India. This paper aims to analyze the efficacy of the existing legislation in its present form. It also examines whether the Indian law is equipped to handle the globalized markets, wherein shareholders are spread across different continents. Design/methodology/approach The paper relies on meta-analyses. This study analyzes the existing case laws, news reports and legislative materials. Findings The author, through her analyses, has concluded that the introduction of class action suits into the Indian corporate governance regime is only a half-hearted attempt. The Indian lawmakers have failed to learn from their foreign counterparts. There are no provisions to deter frivolous litigation. Furthermore, it is contentious whether the Indian law will be able to cater to transnational class action suits. Originality/value This paper is original. There is a scarcity of literature on Indian corporate governance norms. This paper examines the very nascent concept of class action suits in India. India has become an investment hub in the past decade. Therefore, this paper has practical implications in understanding the Indian legal setup, in comparison to its foreign counterparts.


2012 ◽  
Vol 26 (4) ◽  
pp. 295-308 ◽  
Author(s):  
Anastasios Kaburakis ◽  
David A. Pierce ◽  
Beth A. Cianfrone ◽  
Amanda L. Paule

The NCAA maintains a balance between amateurism and the increasing need for generating revenue. In this balancing act, there are various policy considerations and legal constraints. These legal and policy entanglements bore such class action suits as Keller v. Electronic Arts, National Collegiate Athletic Association, and Collegiate Licensing Company (2009) and O’Bannon v. National Collegiate Athletic Association and Collegiate Licensing Company (2009), which question current revenue generating practices of the NCAA. The purpose of this study was to examine the perceptions of NCAA Division I men’s football and basketball student-athletes toward amateurism and the particular use of student-athletes’ likenesses in college sports video games. Findings point to a lack of clarity and understanding of the agreements and consent forms student-athletes sign annually. Respondents demonstrated confusion in regard to financial aid opportunities, parameters of their scholarships, and whether they endorse commercial products. A majority of respondents expressed the desire to receive additional compensation. Recommendations include clarification and focused rules’ education from compliance and financial aid officers, as well as introducing new amateurism policy, concurrently avoiding costly litigation.


Author(s):  
Mary Brooke Billings ◽  
April Klein ◽  
Emanuel Zur

Author(s):  
Mary Brooke Billings ◽  
April Klein ◽  
Emanuel Zur

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