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  • John C. Coffee, Jr. – Boeing and the Future of Deferred Prosecution Agreements By John C. Coffee, Jr.
  • Leveraging Information Forcing in Good Faith By Hillary Sale
  • The Dark Side of Safe Harbors Comment bubble 2 By Susan C. Morse
  • John C. Coffee, Jr. – Mass Torts and Corporate Strategies: What Will the Courts Allow? By John C. Coffee, Jr.
  • Compliance’s Next Challenge: Polarization By Miriam H. Baer
  • Will the Common Good Guys Come to the Shootout in SEC v. Jarkesy? And Why It Matters By Eric W. Orts
  • Climate Disclosure Line-Drawing and Securities Regulation By Virginia Harper Ho
  • Board Committee Charters and ESG Accountability By Lisa M. Fairfax
Editor-At-Large Reynolds Holding

The CLS Blue Lion logo Sky Blog

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Columbia Law School's Blog on Corporations and the Capital Markets

Editorial Board John C. Coffee, Jr. Edward F. Greene Kathryn Judge

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February 2016

Entity Choice and Anti-Corruption Compliance

By Joseph W. Yockey February 8, 2016 by ilyabeylin

Entrepreneurs are sometimes guilty of letting compliance slip down their list of priorities. They prefer to “move fast and break things”—an ethos that doesn’t always find time for bureaucratic niceties like employee handbooks and contracting guidelines.[1]

This dynamic raises …

Latham & Watkins explains US Loan Market Adaptations to European Bail-In Directive

By Jane Summers, Alan W. Avery and Alfred Y. Xue February 8, 2016 by AJ

European Economic Area (EEA) financial institutions are now subject to a new set of regulatory requirements designed to avoid taxpayers bailing out banks in the event of another banking crisis — a central component of which is that EU member …

PwC discusses Ten Key Points from Basel’s Fundamental Review of the Trading Book

By Dan Ryan, Mike Alix, Adam Gilbert and Armen Meyer February 5, 2016 by ilyabeylin

On January 14th, the Basel Committee on Banking Supervision (BCBS) published its revised capital requirements for market risk. The final standard, also known as the Fundamental Review of the Trading Book (FRTB), is intended to harmonize the treatment …

Piling on? An Empirical Study of Parallel Derivative Suits

By Stephen J. Choi, Jessica Erickson and Adam C. Pritchard February 4, 2016 by ilyabeylin

When it comes to corporate litigation, is more necessarily better? The legal system has developed a broad array of litigation options to address corporate wrongdoing. Under state law, shareholders can file a derivative suit or class action alleging that directors …

Wachtell Lipton discusses Short-Term Investors, Long-Term Investments, and Firm Value

By Martin Lipton and Marshall P. Shaffer February 3, 2016 by ilyabeylin

A January 2016 study, Short-Term Investors, Long-Term Investments, and Firm Value, by Martijn Cremers, Ankur Pareek and Zacharias Sautner, provides substantial “empirical” evidence for the fact that, in the current corporate governance environment, short-term investors possess the undue …

IPO Pricing as a Function of your Investment Banks’ Past Mistakes: The Case of Facebook

By Laurie Krigman and Wendy Jeffus February 3, 2016 by ilyabeylin

On May 18, 2012 Facebook (FB) held its initial public offering (IPO) on NASDAQ, raising over $16 billion making it one of the largest IPOs in history. To the surprise of many investors, there was almost no underpricing, as the …

Arthur J. Gallagher discusses Study of 2014 Short- and Long-Term Incentive Design Criterion

By James F. Reda, David M. Schmidt and Kimberly A. Glass February 3, 2016 by ilyabeylin

In order to investigate what (and how much) is being reported in annual proxy statements about executive pay packages and how incentive pay is designed, Arthur J. Gallagher & Co.’s Human Resources & Compensation Consulting Practice (formerly James F. Reda …

What Doesn’t Kill You Will Only Make You More Risk-Loving: Early-Life Disasters and CEO Behavior

By Gennaro Bernile, Vineet Bhagwat and P. Raghavendra Rau February 2, 2016 by ilyabeylin

During most of Steve Job’s tenure as CEO of Apple Inc. the company did not have any long-term debt obligations. Apple started an aggressive buyback program only after Tim Cook took over, at the same time that it added debt …

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Gibson Dunn discusses The End of M&A “Disclosure-Only” Settlements With Broad Releases in Delaware

By Brian Lutz, Meryl Young, Adam Offenhartz, Eduardo Gallardo and Colin Davis February 2, 2016 by ilyabeylin

On January 22, 2016, Chancellor Andre Bouchard of the Delaware Court of Chancery issued an important decision in In re Trulia, Inc. Stockholder Litigation—likely hammering the final nail in the coffin of “disclosure-only” settlements with broad releases of liability …

Implications of Mutual and Private Fund Convergence

By Wulf Kaal February 1, 2016 by ilyabeylin

Mutual funds are becoming more like hedge funds as a matter of investment strategy while hedge funds are becoming more like mutual funds as a matter of the regulatory framework. The growth of the private fund industry and the proliferation …

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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Dealbook
‘Brexit’ Vote and Donald Trump’s Surge Reflect Discontent
February 29, 2016
Reuters
Argentina, Lead Creditors Settle 14-Year Debt Battle for $4.65 Billion
February 29, 2016
Bloomberg
Valeant Says It’s Under Investigation by SEC, Shares Plunge
February 29, 2016
Wall Street Journal
Early Legal Win for Apple Sets Stage for Bigger Battle Over Encryption
February 29, 2016
Jim Hamilton's World
One Out of Three FINRA Arbitration Awards Go Unpaid, PIABA Report Says
February 29, 2016
Dealbook
Cut Compensation at Investment Banks, Then Take Cover
February 28, 2016
Bloomberg
Citigroup Receives Subpoena From U.S. Attorney in FIFA Probe
February 28, 2016
Reuters
Trump U: The Lawsuit Donald Trump Will be Facing this Summer
February 28, 2016
Jim Hamilton's World
Bickering Over Position Limits Report Dominates CFTC Advisory Panel
February 28, 2016
WSJ Law Blog
Dow Chemical Says Scalia’s Death Doomed Class-Action Challenge
February 28, 2016
Dealbook
Sorting Out Dodd-Frank’s Treatment of Failed Broker-Dealers
February 25, 2016
Reuters
Brazil Telecom Oi Sinks as LetterOne Drops M&A Funding Plan
February 25, 2016
Bloomberg
Apple Slams U.S. Bid to Make It Crack iPhone in Court Papers
February 25, 2016
WSJ Law Blog
Prosecutorial Bent Shows in SEC Accounting-Fraud Push, Ex-Official Says
February 25, 2016
CFA Institute
CFA Institute to ESMA: For Investors’ Sake, Take ESEF Further
February 25, 2016
Dealbook
Treasury Plan for Puerto Rico Favors Pensions Over Bondholders
February 25, 2016
Bloomberg
Moody’s Fate in Subprime Probe to Be Decided Soon by U.S.
February 25, 2016
Reuters
AstraZeneca’s $4 Billion Acerta Deal Endorsed by Orphan Drug Status
February 25, 2016
Dealbook
Commodities Agency Advised to Drop Plan to Limit Futures Contracts
February 25, 2016
CFA Institute
Did Investor Stop Orders or Liquidity Disincentives Cause Aug ’15 Flash Crash?
February 25, 2016
Bloomberg
Apple’s Best Arguments Against the U.S. Over iPhone Access
February 24, 2016
Dealbook
European Union Updates Bank Stress Test Beyond Pass/Fail
February 24, 2016
Reuters
The Washington Insiders Who Work to Get Chinese Deals Approved
February 24, 2016
The Economist
Hedge Funds: Not Dead, Just Resting
February 24, 2016
Jim Hamilton's World
Court Rules Bitcoin Is Property, Not Currency
February 24, 2016
Bloomberg
London Stock Exchange Is in Merger Talks With German Rival
February 23, 2016
Dealbook
Private Equity Leaders Expect to Become Buyers in 2016
February 23, 2016
Reuters
Viacom Weighs Selling Minority Stake in Paramount Film Unit
February 23, 2016
CFA Institute
Europe’s Capital Market Union: Task Force Report Sets out Long-Term Vision
February 23, 2016
Jim Hamilton's World
SEC’s Investor Advocate Warns of Downward Drift in Exchange Listing Rules
February 23, 2016
Dealbook
A New Breed of Trader on Wall Street: Coders With a Ph.D.
February 22, 2016
Bloomberg
Oscar Said to Be Valued at $2.7 Billion in Fidelity-Led Round
February 22, 2016
Reuters
Honeywell, United Tech Held Merger Talks
February 22, 2016
Jim Hamilton's World
Vermont Proposes Comprehensive Set of Securities Rules
February 22, 2016
D&O Diary
Omissions Regarding Bribery Investigation Held Actionable
February 22, 2016
Dealbook
Caution Rebuffed, Unicorns and Other Start-Ups Fixate on Rainbows
February 21, 2016
Bloomberg
NYSE Embarks on High-Stakes Technology Shift for its Exchanges
February 21, 2016
Reuters
Yahoo Launches Auction Process as Starboard Gears Up for Fight
February 21, 2016
CFA Institute
CFA Institute Study: Disclosing Fees, Conflicts Vital to Adviser-Client Relationship
February 21, 2016
Jim Hamilton's World
SEC and FDIC Propose Rules for Orderly Liquidation of Large Broker-Dealers
February 21, 2016
Dealbook
Federal Reserve’s Risky Decision to Loosen Bank Capital Rules
February 18, 2016
Bloomberg
Airbnb Faces Major Threat in Japan, Its Fastest-Growing Market
February 18, 2016
Reuters
IBM to Acquire Truven Health Analytics for $2.6 Billion
February 18, 2016
Jim Hamilton's World
Suit Alleging Spoofing of Treasury Futures Dismissed, Must Be Arbitrated
February 18, 2016
Securities and Exchange Commission
VimpelCom to Pay $795 Million in Global Settlement for FCPA Violations
February 18, 2016
Bloomberg
Apple Gains Silicon Valley’s Backing in Fight Against Government
February 17, 2016
Dealbook
China’s Deal Makers Have Disappointed
February 17, 2016
Jim Hamilton's World
SEC Releases FY 2015 Enforcement Data
February 17, 2016
Reuters
Qatar, China in $6.4 Billion Battle for Australian Freight Giant
February 17, 2016
Securities and Exchange Commission
SEC: Deutsche Bank Analyst Issued Stock Rating Inconsistent With Personal View
February 17, 2016
Dealbook
As Marijuana Sales Grow, Start-Ups Step In for Wary Banks
February 16, 2016
Reuters
Fed’s Kashkari Suggests Radical Wall St. Overhaul
February 16, 2016
Bloomberg
Apollo to Buy ADT for $6.9 Billion in 2016’s Biggest LBO Yet
February 16, 2016
Jim Hamilton's World
Better Markets Urges CFTC to Rein in Big Swaps Dealers
February 16, 2016
WSJ Law Blog
Another Defendant Dropped in Dewey Fraud Case
February 16, 2016
Dealbook
Hillary Clinton’s Attitude Toward Wall Street Is Subjective
February 15, 2016
Bloomberg
Puerto Rico House Passes Power Utility’s Debt Restructuring Bill
February 15, 2016
Reuters
Aetna Gets Florida Insurance Regulator’s Approval for Humana Deal
February 15, 2016
WSJ Law Blog
Statements From Supreme Court Justices on the Death of Antonin Scalia
February 15, 2016
Dealbook
Decision May Prolong Dearth of Bankruptcy Cases in New York
February 15, 2016
Dealbook
The Rise and Fall of the Unicorn
February 14, 2016
Reuters
Nasdaq to Acquire News Distributor Marketwired
February 14, 2016
Bloomberg
VW’s Winterkorn Told of Defeat Device Probe in 2014, Bild Says
February 14, 2016
D&O Diary
Whose “Securities” Must a Claim Involve to Trigger Securities Claim Coverage?
February 14, 2016
Jim Hamilton's World
Corporate Governance Panelists Discuss Directors’ Responsibilities
February 14, 2016
Dealbook
Wall St. Whistle-Blowers, Often Scorned, Get New Support
February 11, 2016
Bloomberg
Pandora Said to Hire Morgan Stanley to Explore Sale of Company
February 11, 2016
Reuters
Kroger in Bid to Acquire Fresh Market
February 11, 2016
CFA Institute
Is the Sun Rising on Dark Pools? The SEC Wades into the Shadows
February 11, 2016
WSJ Law Blog
Government Watchdog Targets A&P Bankruptcy Expenses
February 11, 2016
Dealbook
U.S. and Europe Reach Agreement on Derivatives Regulation
February 10, 2016
Bloomberg
Burberry Sues J.C. Penney for Copying its Signature Check Design
February 10, 2016
Reuters
Mylan to Buy Swedish Drugmaker Meda in $9.9 Billion Deal
February 10, 2016
Jim Hamilton's World
GAO: SEC’s Priorities Have Changed Since Climate Change Disclosure Guidance
February 10, 2016
WSJ Law Blog
Martin Shkreli Faces Copyright Suit Involving Wu-Tang Album
February 10, 2016
Dealbook
Women in Company Leadership Tied to Stronger Profits
February 10, 2016
Bloomberg
How the Bank Debt That Everyone Is Talking About Works
February 10, 2016
Reuters
GFI Shareholders May Pursue Lawsuit Over Aborted Merger
February 10, 2016
Jim Hamilton's World
SEC Stands Up for Whistleblower Rule in Anti-Retaliation Appeal
February 10, 2016
WSJ Law Blog
Corporate Law Firm Billing Rates Rise Despite Weak Demand
February 9, 2016
Dealbook
Don’t Break Up the Banks. They’re Not Our Real Problem.
February 8, 2016
Bloomberg
Fed May Lack Legal Authority for Negative Rates: 2010 Fed Memo
February 8, 2016
Reuters
Investors in Thai Big C Cheer $3.5 Billion Stake Sale, Rival Bid Seen Unlikely
February 8, 2016
Jim Hamilton's World
SEC Should Require Gender Pay Discrepancy Disclosure, Adviser Says
February 8, 2016
D&O Diary
There’s a Reason You Are Suddenly Hearing About the TCPA Everywhere You Go
February 8, 2016
Reuters
China M&A Flurry Drives Cross-Border Activity to 11-Year High
February 7, 2016
Dealbook
Seeing a Business Opportunity for Firms’ Outside Overseers
February 7, 2016
Bloomberg
National Bank Takes $119 Million Writedown on Maple Bank Inquiry
February 7, 2016
WSJ Law Blog
ABA Resolution Stirs Fears of Non-Lawyer Firm Ownership
February 7, 2016
Business Law Prof Blog
The Thorny Relationship Between Business and Human Rights
February 7, 2016
Dealbook
Toxic Loans Around the World Weigh on Global Growth
February 4, 2016
Bloomberg
Sports Authority to Take Steps Toward a Bankruptcy Filing
February 4, 2016
Reuters
ChemChina’s Syngenta Swoop
February 4, 2016
Jim Hamilton's World
SEC Study: NYSE Trading Suspension Resulted in Migration to Other Exchanges
February 4, 2016
CFA Institute
From Stocks and Bonds to Crowdfunding, China’s Capital Markets Regulatory Scene
February 4, 2016
Dealbook
After 14 Years at Odds, Argentina Aims to Settle Debt With Hedge Funds
February 3, 2016
Reuters
Wells Fargo to Pay $1.2 Billion in FHA-Related Settlement
February 3, 2016
Bloomberg
Who Gets the Dog in the Divorce? MetLife to Ponder Snoopy’s Fate
February 3, 2016
Jim Hamilton's World
House Passes Bill to Expand Accredited Investor Definition
February 3, 2016
WSJ Law Blog
Most Likely, Most Destructive: Gen. Michael Hayden on the Biggest Cyberthreats
February 3, 2016
Reuters
Spin-off or sale? Yahoo Turnaround Plan in Focus as Earnings Awaited
February 2, 2016
Dealbook
Corporate Bribery Cases and Fines Fell in 2015, Report Shows
February 2, 2016
Bloomberg
Bernie Sanders Wants to Break Up Big Banks. Here’s Why
February 2, 2016
Jim Hamilton's World
Order of No Restitution in Commodities Fraud Was Within Court’s Discretion
February 2, 2016
WSJ Law Blog
Should Law School Students Be Allowed to Earn Credit for Paid Work?
February 2, 2016
Dealbook
Why Good Governance Stock Index Lacks Expert Judgment
February 1, 2016
Bloomberg
More Dark Pool Investigations Under Way, Says New York’s Top Cop
February 1, 2016
Reuters
Abbott Labs to Buy Diagnostics Company Alere for $5.8 Billion
February 1, 2016
Jim Hamilton's World
Decentralization, Transparency Should Dictate Whether a Cryptocurrency Is a Security, Group Says
February 1, 2016
WSJ Law Blog
Facebook Keeps Pushing Fraud Claims Against DLA Piper, Milberg
February 1, 2016

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