Cutting Class Action Agency Costs: Lessons from the Public Company

dc.contributor.authorRose, Amanda M.
dc.date.accessioned2022-05-05T20:43:29Z
dc.date.available2022-05-05T20:43:29Z
dc.date.issued2020
dc.descriptionarticle published in a law reviewen_US
dc.description.abstractThe agency relationship between class counsel and class members in Rule 23(b)(3) class actions is similar to that between executives and shareholders in U.S. public companies. This similarity has often been noted in class action literature, but until this Article no attempt has been made to systematically compare the approaches taken in these two settings to reduce agency costs. Class action scholars have downplayed the importance of the public company analogy because public companies are subject to market discipline and class actions are not. But this is precisely why the analogy is useful: because public companies are subject to market discipline, the tools they utilize to reduce agency costs are more likely to be efficient. This Article looks to those tools as inspiration for class action reform, proposing several novel ways to improve current practice.en_US
dc.format.mimetypeapplication/pdf
dc.identifier.citation54 U.C. Davis L. Rev. 337 (2020)en_US
dc.identifier.issn0197-4564
dc.identifier.urihttp://hdl.handle.net/1803/17318
dc.language.isoen_USen_US
dc.publisherUniversity of California at Davis Law Reviewen_US
dc.subjectagency, class action, public companiesen_US
dc.titleCutting Class Action Agency Costs: Lessons from the Public Companyen_US
dc.typeArticleen_US
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