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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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September 2017

The Rise of Financial Regulation by Settlement

By Matthew C. Turk September 12, 2017 by renholding

The dramatic escalation in enforcement activity by federal agencies against large financial institutions since the financial crisis is well known. These days the latest multi-billion dollar deal between regulators and Wall Street banks has lost blockbuster status and hardly even …

Ethical Bankers

By Gwendolyn Gordon and David Zaring September 11, 2017 by renholding

The capstone of regulatory reform in the wake of the financial crisis can be characterized as an effort to change the financial industry by getting bankers to behave more ethically. Regulators have emphasized the importance of “culture” set by a …

Paul Weiss Discusses Brexit

By Mark S. Bergman and David K. Lakhdhir September 11, 2017 by renholding

Since the June 8 election in Britain, which saw the Prime Minister lose her majority in Parliament, there has been much speculation as to whether the British government would continue down the road of a “hard” Brexit or would move …

PwC Discusses the Fed’s New Rating System for Large Financial Institutions

By Dan Ryan, Julien Courbe, Adam Gilbert, Mike Alix and Roberto Rodriguez September 8, 2017 by renholding

On August 3, the Federal Reserve (Fed) proposed for comment a new supervisory rating system to assess the safety and soundness of Large Financial Institutions (LFIs).1 This is the first change to the Fed’s supervisory rating system since the …

Dow Jones Erred By Going Nuclear on Dual-Class Shares

By Yvan Allaire September 7, 2017 by renholding

In July 2017, Dow Jones, goaded by the reaction to Snapchat having gone public with a class of shares without voting rights, announced that, after extensive consultation, it had decided to henceforth eliminate companies with dual-class shares from its …

Davis Polk Offers Tips on Preparing for CFPB’s New Arbitration Rule

By Margaret E. Tahyar, Edmund Polubinski III, Frances E. Bivens, John L. Douglas and Neal A. Potischman September 7, 2017 by renholding

Since the CFPB issued its Arbitration Rule in July, most commentators have focused on ways the rule may be blocked from going into effect.  Chief among these is the possibility that Congress will vote to overturn the rule under the …

How Investor Activism Affects Corporate Social Responsibility

By Martijn Cremers, Luc Renneboog and Tamas Barko September 6, 2017 by renholding

Prominent activist investors such as hedge funds, pension funds, and influential individual shareholders and families increasingly aim to reshape corporate policies and strategy. In our paper “Shareholder Engagement on Environmental, Social, and Governance Performance”, we use a proprietary …

Stocks May Be Expensive but Not Overvalued

By Pierre-Axel Gide September 5, 2017 by renholding

Publications like Bloomberg, The Financial Times, and The Wall Street Journal[1] have recently reported that current stock markets and especially those in the United States are more overvalued than ever. In an interview with the Financial Post[2]…

Fried Frank Discusses Coin Offerings

By Stuart H. Gelfond, Lee T. Barnum and Craig R. Bergmann September 5, 2017 by renholding

Recently, the Securities and Exchange Commission (the “SEC”) issued two publications relating to initial coin offerings, or “ICOs”: The SEC’s Office of Investor Education and Advocacy published an investor bulletin1 (the “Investor Bulletin”) highlighting the risks of ICO investing …

Skadden Discusses LIBOR Replacement Plans

By Mark D. Young, Maureen A. Donley, Daniel B. O'Connell and Shekida A. Smith September 4, 2017 by renholding

Plans to end the long reign of the London Interbank Offered Rate (LIBOR) as one of the world’s most often-used interest rate benchmarks have recently been confirmed by several top financial regulators. On July 27, 2017, Andrew Bailey, chief executive …

PwC Discusses Fed’s New Board Expectations Guidance

By Dan Ryan, Julien Courbe, Adam Gilbert, Mike Alix and Roberto Rodriguez September 1, 2017 by renholding

On August 3, the Federal Reserve (Fed) proposed for comment supervisory guidance for boards
of directors of Fed-supervised institutions1 (i.e., Board Effectiveness (BE) guidance). The proposed BE guidance is the result of a multi-year review by the Fed of …

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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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D&O Diary
Equifax and SEC Data Breaches Teach Harsh Lessons
September 28, 2017
Securities and Exchange Commission
SEC’s New York Director Exits
September 28, 2017
Professor Bainbridge
Should Stakeholders Have Boardroom Voice?
September 28, 2017
Business Law Prof Blog
Boycott Issue Hits NFL
September 28, 2017
Appraisal Rights Litigation Blog
Delaware Supremes Hears Dell Appraisal Arguments
September 28, 2017
Bloomberg
Lynn Tilton Wins SEC Fraud Trial She Tried to Nix
September 27, 2017
PubCo @ Cooley
Would a New Stock Exchange Deter Short-Termism?
September 27, 2017
Jim Hamilton's World
Does “American Pipe” Tolling Apply to Class Actions?
September 27, 2017
Reuters
Biggest Proxy Fight Turns on Small Investors
September 27, 2017
Davis Polk Briefing
More Big Companies Disclose Political Spending
September 27, 2017
Dealbook
Uber’s London Contrition Suggests Fruitful New Path
September 26, 2017
Cooley M&A
Blocked China Deal for U.S. Chipmaker Yields Lessons
September 26, 2017
Reuters
Senate Grills SEC’s Clayton Over Equifax and Cyber Breach
September 26, 2017
CNN Money
SEC Chair Requests Probe of 2016 Hack
September 26, 2017
Jim Hamilton's World
SEC Accountant Urges Filers to Get Cracking on New GAAP Standards
September 26, 2017
Reuters
SEC Chair Belatedly Learned of 2016 Agency Hack
September 25, 2017
D&O Diary
D&O Insurer on Hook Even After Merger
September 25, 2017
Business Insider
Steve Cohen’s Hedge Fund Pitches Investors
September 25, 2017
Jim Hamilton's World
EU Financial Supervision Getting an Overhaul
September 25, 2017
Davis Polk Briefing
ISS Reveals Governance Survey Results on Pay Ratio, One Share-One Vote
September 25, 2017
Jim Hamilton's World
CFTC Files First Bitcoin Ponzi Scheme Case
September 24, 2017
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Details Fiduciary Rules for Independent Directors
September 24, 2017
Davis Polk Briefing
SEC Promises Flexibility in Pay Ratio Rules
September 24, 2017
Davis Polk Fin-Reg Reform
Unpacking New Sanctions Against North Korea
September 24, 2017
Business Law Prof Blog
Wisconsin Lures Foxconn With Court Favors
September 24, 2017
PubCo @ Cooley
Hack Gives SEC Chance to Revamp Cybersecurity Risk Disclosure
September 21, 2017
Jim Hamilton's World
SEC Issues New Guidance on Reg D and Rule 147
September 21, 2017
Corporate & Securities Law Blog
Nevada Adopts Delaware Distinction Between Direct and Derivative Claims
September 21, 2017
Business Law Prof Blog
What Keeps Compliance Officers Up at Night
September 21, 2017
Akin Gump's Deal Diary
Cybersecurity Deadlines Near for Government Contractors
September 21, 2017
Reuters
Google Nears Deal for Smartphone Maker HTC
September 20, 2017
Securities and Exchange Commission
SEC Charges Ex-Tech Boss With Insider Trading
September 20, 2017
Jim Hamilton's World
SEC’s Stein Urges Global Approach to Cybersecurity
September 20, 2017
Davis Polk Briefing
Delaware Courts Slip in Pro-Business Rankings
September 20, 2017
Dealbook
What Jamie Dimon’s Missing About Bitcoin
September 19, 2017
Cleary M&A Watch
Reg G Inapplicable to Non-GAAP M&A Projections
September 19, 2017
CNBC
Ex-SAC Trader Seeks to Void Insider Trading Plea
September 19, 2017
Jim Hamilton's World
Swaps Group Offers Framework for Cross-Border Regulation
September 19, 2017
Dodd-Frank.com
How New FASB Revenue Recognition Standard Affects M&A
September 19, 2017
White Collar Crime Prof Blog
DOJ Mulls Yates Memo Changes
September 18, 2017
D&O Diary
Does Insurance Cover Subpoena Response Costs?
September 18, 2017
Bloomberg
Equifax Stock Sale Focus of Criminal Probe
September 18, 2017
PubCo @ Cooley
SEC Advisory Panel Urges Rule 701 Changes
September 18, 2017
Davis Polk Briefing
Why Companies Stumble in Say-on-Pay Votes
September 18, 2017
Bloomberg
SEC Eyes Digital Coin Sales in $2 Billion Market
September 17, 2017
Jim Hamilton's World
Muni Bond Board Warns on Scant Disclosure
September 17, 2017
Davis Polk Fin-Reg Reform
Trump Continues Iran Deal with Another Waiver
September 17, 2017
Business Law Prof Blog
Corporate Law as a Model for Democracy
September 17, 2017
Akin Gump's Deal Diary
Senate Democrats Introduce “Better Deal” Antitrust Bill
September 17, 2017
D&O Diary
Antitrust Liability Won’t Trigger Insurance Exclusion for Dodgy Profit
September 14, 2017
Reuters
AIG’s Greenberg Can Sue Spitzer for Defamation
September 14, 2017
Dealbook
Trump Nixes China-Backed Bid for U.S. Chipmaker
September 14, 2017
Appraisal Rights Litigation Blog
Blockchain Share Ledgers Could Change Appraisal Cases
September 14, 2017
Cooley M&A
M&A Dealmakers Try to Skirt California’s Non-Compete Ban
September 13, 2017
D&O Diary
Equifax Data Breach Draws Securities Suit
September 13, 2017
Professor Bainbridge
Dual-Class Stock’s Biggest Risk Is Conflicts
September 13, 2017
Jim Hamilton's World
SEC Dings Private Equity Adviser $300K for Fee and Expense Failures
September 13, 2017
Davis Polk Briefing
Vanguard Pushes Board Gender Diversity and Climate Protection
September 13, 2017
Dealbook
DowDuPont Revises Breakup Plan
September 12, 2017
Delaware Business Litigation Report
Delaware Chancery Clarifies Conspiracy Law
September 12, 2017
PubCo @ Cooley
Hedge Funds Activists Bad for Board Diversity
September 12, 2017
Intralinks Blog
Who Leaks the Most M&A Deals?
September 12, 2017
Business Law Prof Blog
Law Professor Brief Urges Supremes to Uphold Disclosure Duty
September 12, 2017
Reuters
Equifax Draws Hacking Lawsuits
September 11, 2017
Appraisal Rights Litigation Blog
The Cost of Fewer Appraisal Claims
September 11, 2017
D&O Diary
UK Offers Corporate Governance Reform Plans
September 11, 2017
Davis Polk Fin-Reg Reform
New CFTC Enforcement Boss Talks Up Self-Reporting
September 11, 2017
Reuters
Saudis Say Reforms, Aramco IPO on Track
September 10, 2017
Securities and Exchange Commission
SEC Commissioner Ponders Exchange Traded Products
September 10, 2017
Professor Bainbridge
Talking Sense About Dual Class Shares
September 10, 2017
Jim Hamilton's World
U.S. Appeals Court Nixes Late Claims for Whistleblower Awards
September 10, 2017
Deal Lawyers.com
Institutional Shareholder Services Sold
September 10, 2017
Dealbook
Britain a New Hunting Ground for U.S. Whistleblower Cases
September 7, 2017
D&O Diary
A Conservative Makes Case for Class Actions
September 7, 2017
Securities and Exchange Commission
SEC Names Chief Litigation Counsel
September 7, 2017
PubCo @ Cooley
Study Finds Weak Financial Controls Up Fraud Risk
September 7, 2017
Jim Hamilton's World
U.S. House Passes Bill for SEC to Amend Reg A
September 7, 2017
Reuters
Madoff Trustee Recoups Biggest Settlement Since 2011
September 6, 2017
Dealbook
Fed’s Fischer Walks
September 6, 2017
D&O Diary
Securities Suits Hit Opioid Drug Companies
September 6, 2017
Jim Hamilton's World
Professional Plaintiff Gets Nod to Lead Class Action
September 6, 2017
Davis Polk Briefing
Activism at Public Companies Hurts Board Diversity
September 6, 2017
PubCo @ Cooley
What’s Behind Institutional Investors’ Louder Governance Voice
September 5, 2017
Olshan Securities Law Blog
SEC Filing Fees Up Starting in October
September 5, 2017
Securities Regulation and Corporate Governance Monitor
NYSE Slows Rule Change on Dividend Announcements
September 5, 2017
Davis Polk Fin-Reg Reform
U.S. Agencies Propose Delay in Basel III Capital Rules
September 5, 2017
Reuters
EU’s Intel Ruling Will Guide Other Antitrust Cases
September 4, 2017
Cooley M&A
Martha Stewart Lights Way for Controller Sales to Third Parties
September 4, 2017
D&O Diary
What to Watch in D&O Insurance
September 4, 2017
Reuters
Columbia Law’s Jackson Nominated for SEC Commissioner
September 3, 2017
SDNY Blog
U.S. Judge Blocks Lynyrd Skynyrd Movie
September 3, 2017
Dealbook
Vanguard Speaks Softly, Carries Big Stick
September 3, 2017
Jim Hamilton's World
NYSE Seeks Delay on Companies’ Big News Releases
September 3, 2017

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