Sky Blog
The Court of Justice of the European Union (the “ECJ”) recently delivered an important judgment on the interpretation of inside information under Article 7(1)(a) of the Market Abuse Regulation (“MAR”): Brännelius. The judgment addresses what should be understood as …
Governments around the world are rediscovering ownership as an instrument of economic policy. From Washington’s industrial policy and Beijing’s state-owned enterprises (SOEs) to sovereign wealth funds across Asia, states are increasingly acting not merely as regulators but as strategic shareholders. …
Assurance providers, a type of green gatekeeper, certify the accuracy of sustainability information. In a new paper, we analyze the market for assurance services, asking whether they should be regulated and, if so, how.
Assurance providers do with sustainability-related …
Executive Summary
Creditors are generally familiar with various forms of subordination, such as contractual, structural, statutory, and equitable subordination. Yet, they may be less familiar with a dynamic that has become increasingly prominent in recent high-profile distress/restructuring situations in which government policy …
Debates over Big Tech M&A often focus on “killer acquisitions,” where a dominant firm buys a startup in order to eliminate a future rival. A more subtle and, in some ways, more difficult problem is that innovation can lose momentum …
On May 19, 2026, the Securities and Exchange Commission (“SEC”) released proposed amendments (Release No. 33‑11419) that it has described as the most significant overhaul of public company reporting in two decades. While the proposal is broad—touching filer …
In a recently published paper I argue that the recent surge in shareholder activism in Japan is not simply the product of Japanese policy reforms. Rather, it results from a convergence of two parallel historical trajectories: a decades-long evolution of …
Executive Summary
The European Commission’s proposed EU Inc. (COM(2026) 321 final) seeks to create a new, optional corporate form that can operate across the European Union as a 28th regime alongside national company laws. The proposal forms part of …
There has been a certain ebullience in market sentiment toward Venezuela since the capture in early January of former Venezuelan president Nicolás Maduro by U.S. military forces. Venezuelan sovereign and PDVSA bonds rallied sharply as investors anticipated that a political …
Environmental, social, and governance (ESG) considerations have moved from the periphery of corporate governance into the heart of fiduciary decision-making. What began as a largely voluntary framework for assessing non-financial risks has become a central point of legal, political, and …
On April 7, the Federal Reserve chair and U.S. Treasury secretary called an emergency meeting with America’s top bank CEOs. The reason: an AI model capable of autonomously hacking major corporations, finding thousands of software vulnerabilities no human ever caught, …
On March 19, 2026, the federal banking agencies issued a package of proposed changes to the regulatory capital requirements for banking institutions of all sizes, from the largest GSIBs and super-regional banks to community banks. This package of proposals (the …
The new optional legal form for startup companies, EU Inc., which launched last week as a so-called 28th regime, is a strategic instrument aimed at promoting incorporation, innovation, and growth across the European Union. In a period of increasing geopolitical …
Under the law and practice of corporate governance, the board of directors is the keystone of corporate accountability. Yet, in large, modern corporations with extensive management hierarchies, authority is widely dispersed among senior managers below board level. In a recent …
In early 2020, a federal judge in San Francisco issued an unusual order: He compelled DoorDash, the food-delivery company, to submit to the arbitration proceedings it had itself contractually required. Over 5,000 delivery drivers had filed individual arbitration demands – …
The UK Financial Conduct Authority’s approach to regulatory enforcement has shifted in recent years, moving away from a broad-brush approach to one that is more selective in order to focus on “impactful deterrence”. In short, this means the FCA is …
The Paris Agreement’s commitment to aligning finance with efforts toward net-zero emissions has catalyzed an unprecedented shift in financial markets. Sustainable finance has evolved from niche to mainstream, with financial institutions increasingly incorporating environmental considerations into their decisions. By withdrawing …
On 10 February 2026, the FCA publicised that it has commenced proceedings against an offshore crypto platform for breach of the UK financial promotions regime for cryptoassets. This is the first enforcement action the FCA has taken following expansion of …