This work contributes to a field in the literature of law & economics
in which little research has been done thus far namely the
relationship between corporate law and procedural law such as the
rules of evidence and of civil procedure. As the reader will discover
in the following pages, attorneys, accountants, and journalists, each
play an important role in promoting corporate compliance with the law
as gatekeepers and monitors against wrongdoing. Ido Baum evaluates the
importance of the professional testimonial privilege - a rule that
allows the professional to refrain from testifying with regard to
information received from his client - in promoting this objective. He
does so by looking at the efficient performance of the professional
privilege in the United States, England, and Germany while taking into
account systemic differences such as the starkly different civil
procedure regimes and the structural differences in corporate
ownership and control in the capital markets of the compared
jurisdictions. Focusing on the relationship between the corporate
counsel and the corporation, this book provides new insights into the
internal effects of the corporate lawyer-client privilege on corporate
decision-making. For example, it is shown that the narrow application
of the privilege in some US states creates an inefficient incentive to
inflate corporate boards in order to reduce the exposure to sanctions
for corporate malfeasance. As accounting standards are converging
around the world, the author provides some warnings with respect to
situations in which accountants and lawyers choose to work together.
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A Law and Economics Perspective
Produktdetaljer
ISBN
9783834999757
Publisert
2018
Utgiver
Vendor
Gabler Verlag
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter