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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
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  • 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
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Editor-At-Large Reynolds Holding

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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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October 2018

Split Derivatives: Inside the World’s Most Misunderstood Contract

By Dan Awrey October 1, 2018 by renholding

Derivatives are the “bad boys” of modern finance: exciting, dangerous, and fundamentally misunderstood.  Their supporters defend them as important instruments for measuring, managing, and transferring risk, enhancing both the efficiency and resilience of the financial system.  Their critics label them …

Debevoise Discusses OCC Efforts to Modernize Community Reinvestment Act Regulations

By Courtney M. Dankworth, Lauren M. Dolecki, Gregory J. Lyons, Ming Yang, David G. Sewell and Naeha Prakash October 1, 2018 by pss2150

On August 28, 2018, the Office of the Comptroller of the Currency (“OCC”) published an advance notice of proposed rulemaking (“ANPR”) inviting public comment on ideas for modernizing the regulatory framework for the Community Reinvestment Act of 1977 (“CRA”).[1]…

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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
Nike Board Hit with Derivative Suit over Alleged Sexual Misconduct
October 31, 2018
Professor Bainbridge
Dual-Class Sunsets on the Rise
October 31, 2018
Jim Hamilton's World
SEC Commissioner Urges Skepticism in Derivatives Regulation
October 31, 2018
Davis Polk Briefing
Director Survey Reveals Discontent
October 31, 2018
Appraisal Rights Litigation Blog
Delaware Appraisal Shifts to Issues of Process
October 31, 2018
PubCo @ Cooley
Glass Lewis Posts 2019 Guidelines
October 30, 2018
Jim Hamilton's World
SEC Advisory Committee Issues Recommendations
October 30, 2018
CFA Institute
Stock Exchanges Must Find Mojo
October 30, 2018
Business Law Prof Blog
Never Pierce the LLC Veil
October 30, 2018
Appraisal Rights Litigation Blog
Appraisal Fights Will Focus on Sales Process
October 30, 2018
Reuters
Merkel Jams Spanner Into EU Reform
October 29, 2018
D&O Diary
Securities Litigation Grows in Australia
October 29, 2018
Wall Street Journal
Tesla Criminal Probe Deepens
October 29, 2018
Jim Hamilton's World
SEC’s Investment Management Director Outlines Plans
October 29, 2018
CFA Institute
Does Bitcoin’s Elimination of Trust Make It Unethical?
October 29, 2018
Securities and Exchange Commission
SEC Launches FinHub
October 28, 2018
PubCo @ Cooley
Institutional Investors Press NYSE, Nasdaq on Multi-Class Shares
October 28, 2018
Jim Hamilton's World
Swaps and Futures Groups Opine on Volcker Rule Changes
October 28, 2018
Business Law Prof Blog
FINRA Arbitrations Raise Doubts
October 28, 2018
Reuters
State Bank Regulators Sue to Stop Fintech Charters
October 25, 2018
Cooley M&A
How U.S. and UK M&A Differ
October 25, 2018
King & Spalding
Insurers Resist Covering Disgorgement to SEC
October 25, 2018
Davis Polk Briefing
Glass Lewis Will Oppose Directors Who Exclude Certain Shareholder Proposals
October 25, 2018
Akin Gump's Deal Diary
SEC Issues Guidance on “Ordinary Business” Exclusion for Shareholder Proposals
October 25, 2018
Reuters
New York Sues Exxon Over Climate Change
October 24, 2018
Cleary M&A Watch
Can Directors Get Privileged Communications from Firm Counsel?
October 24, 2018
D&O Diary
SEC Weak on Outsider Trading
October 24, 2018
Davis Polk Briefing
SEC Clarifies Shareholder Proposal Controversies
October 24, 2018
CFA Institute
Environmental, Social, and Governance in Brazil
October 24, 2018
Dealbook
Qatar May Offer Alternative to Saudi Funds
October 23, 2018
Cleary M&A Watch
Who’s an Independent Director in a Controlled Company?
October 23, 2018
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Finds Duty Breach but No Damages
October 23, 2018
Davis Polk Briefing
Commonsense Governance Principles 2.0
October 23, 2018
The Risks of CEOs on Social Media
October 23, 2018
D&O Diary
The Latest on Event-Driven Securities Suits
October 22, 2018
Reuters
Most Cryptocurrency Offerings Trade Below Listing Price
October 22, 2018
Professor Bainbridge
How Board Gender Quotas Hurt Shareholders
October 22, 2018
Business Law Prof Blog
The Downside of a Corporate First Amendment
October 22, 2018
Akin Gump's Deal Diary
ISS Tries to Legislate Common Sense
October 22, 2018
PubCo @ Cooley
SEC Issues New Interpretations on Cross-Border Exemptions
October 21, 2018
Professor Bainbridge
Common Sense Corporate Governance 2.0
October 21, 2018
Reuters
Fujifilm Wins Appeal on Xerox Deal
October 21, 2018
Davis Polk Briefing
ISS Proposes Updates on Gender, Say on Pay
October 21, 2018
Appraisal Rights Litigation Blog
North Carolina Updates Appraisal Law
October 21, 2018
Akin Gump's Deal Diary
California Requires Women in Boardroom
October 21, 2018
Reuters
Banks Urge Rethink of Volcker Rule Tweaks
October 18, 2018
Cleary M&A Watch
Delaware Supremes Talks Timing Under MFW Case
October 18, 2018
D&O Diary
SEC Warns About Cyberscam Controls
October 18, 2018
Dealbook
How Elon Musk’s SEC Slam Plays Out
October 18, 2018
Jim Hamilton's World
SEC Bounces NYSE, Nasdaq Fees
October 18, 2018
Olshan Securities Law Blog
NYSE Proposes Easing Rules on SPACs
October 17, 2018
Jim Hamilton's World
CFTC Chair Might Hold Coders Liable for Dodgy Smart Contracts
October 17, 2018
Corporate & Securities Law Blog
The Latest on Delaware’s Business Judgment Rule
October 17, 2018
Business Law Prof Blog
Rethinking Disclosure and Investor Education
October 17, 2018
Appraisal Rights Litigation Blog
Florida Adopts Delaware’s Negative View of Disclosure-Only Settlements
October 17, 2018
Securities and Exchange Commission
SEC Report Says Accounting Controls Should Cover Cyber Threats
October 16, 2018
Jim Hamilton's World
SEC Urges Better Muni Bond Disclosure
October 16, 2018
Davis Polk Briefing
How Do Retail Shareholders Vote?
October 16, 2018
Appraisal Rights Litigation Blog
Does D&O Insurance Cover Appraisal?
October 16, 2018
Akin Gump's Deal Diary
The Value of Background Checks
October 16, 2018
D&O Diary
Alphabet Faces Securities Suit Over Goggle+ Data
October 15, 2018
PubCo @ Cooley
Battle Rages Over Proxy Advisers
October 15, 2018
Jim Hamilton's World
SEC Says Focus on Investors, Innovation, Performance
October 15, 2018
Davis Polk Fin-Reg Reform
FinCEN Warns of Iranian Risk to Financial System
October 15, 2018
Akin Gump's Deal Diary
The Latest on CFIUS Pilot Program
October 15, 2018
Reuters
Brexit Divorce Deal Elusive After Diplomacy Flurry
October 14, 2018
CNBC
Is Bitcoin “Mother of All Scams?”
October 14, 2018
Davis Polk Fin-Reg Reform
CFTC Chair Outlines Cross-Border Swap Regulation
October 14, 2018
Business Law Prof Blog
How “Wealth Shock” Affects Mortality
October 14, 2018
Breakingviews
Markets Finally Get Back to Basics
October 11, 2018
Securities and Exchange Commission
SEC Stops ICO That Lied About Approval
October 11, 2018
PubCo @ Cooley
Semiannual Reporting on Hold
October 11, 2018
Jim Hamilton's World
ICOs Drive Rise in State Securities Cases
October 11, 2018
Corporate & Securities Law Blog
CFTC Cryptocurrency Enforcement Gets Judicial Boost
October 11, 2018
Cleary M&A Watch
What CBS-NAI Tiff Can Teach Stockholders
October 10, 2018
D&O Diary
Ten SEC Questions for Google
October 10, 2018
New York Times
Insider Trading Laws Lag Crooks
October 10, 2018
Jim Hamilton's World
Supremes Won’t Rule on Private Aiding-and-Abetting Claims
October 10, 2018
CFA Institute
The Audit Gender Gap
October 10, 2018
Washington Post
We’re Not Prepared for Next Economic Crisis
October 9, 2018
Olshan Securities Law Blog
Airbnb Wants Contractors Paid in Registration-Free Stock
October 9, 2018
Jim Hamilton's World
Top 10 Securities Regulation Stories for September
October 9, 2018
Securities Regulation and Corporate Governance Monitor
Nasdaq Amends Private Placement Approval Rule
October 9, 2018
Davis Polk Fin-Reg Reform
New OFAC Cases Highlight Risks of Sanctions Violations
October 9, 2018
D&O Diary
Insurer Must Defend Securities Suit Related to Earlier Claim
October 8, 2018
Professor Bainbridge
“The Problem of Twelve” Needs Populist Response
October 8, 2018
Davis Polk Briefing
California Imposes Climate Risk Disclosure on Largest Pension Funds
October 8, 2018
Davis Polk Fin-Reg Reform
Regulators Edge Toward Better Bank Secrecy Act
October 8, 2018
Appraisal Rights Litigation Blog
Does Ukraine Have Appraisal Rights?
October 8, 2018
Wall Street Journal
Mark Cuban Prodded Musk’s SEC Settlement
October 7, 2018
Jim Hamilton's World
Whole Foods Dodges Accounting Claims
October 7, 2018
Norton Rose Fulbright
Why So Few Women in M&A?
October 7, 2018
Davis Polk Fin-Reg Reform
In Praise of FDIC’s “Trust Through Transparency”
October 7, 2018
CFA Institute
Brokers React to Death of Fiduciary Duty Rule
October 7, 2018
Dealbook
Is Smaller Better for M&A Bankers?
October 4, 2018
Truth on the Market
Politics or Policy at the FCC?
October 4, 2018
Professor Bainbridge
Corporate Law Is Public Interest Law
October 4, 2018
Cleary M&A Watch
The Risks of Delaying Shareholder Consent Actions
October 4, 2018
Davis Polk Briefing
Investors Ask SEC for ESG Reporting Rules
October 4, 2018
Delaware Corporate & Commercial Litigation Blog
More on MACs in Delaware Chancery
October 3, 2018
Davis Polk Briefing
State Street to Judge Governance Committees on Gender Diversity
October 3, 2018
Delaware Business Litigation Report
Delaware Chancery Explains Scope of Non-Compete Deal
October 2, 2018
D&O Diary
Educational Services Firm Hit With Data Breach Securities Suit
October 2, 2018
Professor Bainbridge
California’s Board Gender Quota Should Be Unconstitutional
October 2, 2018
Jim Hamilton's World
Supreme Court Opens Term Nixing Disclosure Case
October 2, 2018
Deal Lawyers.com
Delaware Chancery Finds Its First MAC
October 2, 2018
D&O Diary
Tesla Settlement Marks New SEC Aggression
October 1, 2018
New York Post
SEC Ends Fiscal Year With 27 Charges
October 1, 2018
Jim Hamilton's World
Misleading Financial Forecast Costs Walgreens $34.5 Million
October 1, 2018
Davis Polk Briefing
The Latest on California Law Requiring Women on Boards
October 1, 2018
Business Law Prof Blog
Did Elon Musk Lack Scienter?
October 1, 2018

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