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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

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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 2020

Jones Day Discusses Shareholder Lawsuits Concerning Diversity

By Nina Yadava, John C. Tang, Robert M. Tiefenbrun and Glenn R. McGillivray October 5, 2020 by Nisha Chandra

The Situation: A number of shareholder derivative lawsuits in federal court have been filed seeking to hold directors and officers of major companies accountable for alleged failures to uphold their commitment to diversity. To date, the lawsuits have been filed …

Arnold & Porter Discusses California Law Requiring “Underrepresented Community” Members on Boards

By Teresa L. Johnson and Amy Endicott October 2, 2020 by renholding

On September 30, 2020, California Governor Gavin Newsom signed into law a landmark bill (AB 979) requiring boards of directors of California-based public reporting corporations to have a minimum number of directors from underrepresented communities on their boards.

Definition of

…

Gibson Dunn Discusses U.S. Banking Regulation of Confidential Supervisory Information

By Arthur S. Long, James O. Springer and Samantha J. Ostrom October 2, 2020 by snehapandya

One of the thornier areas of law for U.S.-regulated banks and their holding companies is that regarding confidential supervisory information (CSI). U.S. regulators treat bank examination reports and related correspondence and materials, which are often the most useful sources of …

How to Talk When a Machine is Listening: Corporate Disclosure in the Age of AI

By Sean Cao, Baozhong Yang and Alan L. Zhang October 1, 2020 by renholding

The annual report, like other regulatory filings, is more than a legal requirement; it provides an opportunity for public companies to communicate their financial health, promote their culture and brand, and engage with a full spectrum of stakeholders.  How readers …

Morrison & Foerster Discusses Recent SEC Digital-Asset Offering Enforcement Actions

By Haimavathi V. Marlier, Susan I. Gault-Brown and Dario de Martino October 1, 2020 by snehapandya

So far in 2020, the U.S. Securities and Exchange Commission (SEC) has brought fifteen enforcement actions in the offerings of digital assets space.[1] Three of these actions do not involve fraud; rather, they allege solely violations of the registration …

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TheFilter

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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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Reuters
Exxon to Slice 14,000 Jobs
October 29, 2020
Dealbook
Tiffany, LVMH Agree to Cut Deal Price
October 29, 2020
Delaware Business Litigation Report
Delaware Chancery Rules on M&A Post-Closing Price Adjustments
October 29, 2020
Securities and Exchange Commission
SEC Awards Whistleblower $10 million
October 29, 2020
Davis Polk Fin-Reg Reform
Fed and FinCEN Propose Travel Rule Changes
October 29, 2020
D&O Diary
Business Bankruptcies Up So Far
October 28, 2020
Conference Board
Does Reg FD Work, 20 Years On?
October 28, 2020
PubCo @ Cooley
Ten Questions for Boards on ESG
October 28, 2020
Jim Hamilton's World
CFTC Chair Limits Staff Guidance
October 28, 2020
Davis Polk Briefing
Governance Group Finds Sustainability Reporting Up for Russell 1000
October 28, 2020
Reuters
FCC Affirms Net Neutrality Repeal
October 27, 2020
D&O Diary
Cybersecurity-Breach Securities Suit Hits Title Insurance Firm
October 27, 2020
Jim Hamilton's World
SEC Gives Broker-Dealers No-Action Relief
October 27, 2020
Delaware Business Litigation Report
Delaware Chancery Nixes Aiding, Abetting Claims Against Co-Investor
October 27, 2020
Reuters
Microsoft Makes Nice with Biden
October 26, 2020
Delaware Business Litigation Report
Delaware Chancery Rules Proxy-Contest Threat Doesn’t Create Conflict
October 26, 2020
D&O Diary
Delaware Chancery Says Appraisal Claim Not Covered by D&O insurance
October 26, 2020
PubCo @ Cooley
Andeavor Charged with Internal Control Violations
October 26, 2020
Jim Hamilton's World
ETFs Resilient During Covid-19
October 26, 2020
PubCo @ Cooley
FASB Mulls Requiring Supply-Chain Financing Disclosure
October 25, 2020
Professor Bainbridge
More on Restatement of Corporate Law
October 25, 2020
Jim Hamilton's World
SEC, CFTC Seek Security-Futures Market Revival
October 25, 2020
Davis Polk Fin-Reg Reform
Financial Watchdogs Offer Rule on Supervisory Guidance
October 25, 2020
Business Law Prof Blog
Does Washington Listen to Wall Street?
October 25, 2020
Reuters
PayPal Crypto Move: Bitcoin Game-Changer?
October 22, 2020
PubCo @ Cooley
SEC Chair Talks SPACs, ESG
October 22, 2020
Jim Hamilton's World
SEC Kicks Kik with $2 million Fine for Unregistered Initial Coin Offering
October 22, 2020
Business Law Prof Blog
CFTC and Bank of England in Accord on Derivatives Clearing
October 22, 2020
Truth on the Market
What’s a Search Engine Anyway?
October 21, 2020
D&O Diary
Who Hacked the Election?
October 21, 2020
Jim Hamilton's World
CFTC Committee Looks at ESG in Energy Industry
October 21, 2020
Davis Polk Briefing
ISS Discusses Covid-19 and Pay
October 21, 2020
CFA Institute
How Nudges Work in Financial Advice
October 21, 2020
Reuters
Antitrust Case Unlikely to Rattle Google
October 20, 2020
D&O Diary
Progress on California Board Gender-Diversity Requirements?
October 20, 2020
PubCo @ Cooley
SEC Amends Auditor Independence Rules
October 20, 2020
Jim Hamilton's World
Senator Urges SEC Scrutiny of Private Briefing on Covid-19 Outlook
October 20, 2020
Reuters
China’s Ant Wins Dual Listing
October 19, 2020
Cleary M&A Watch
SEC Settles Rare Internal Controls Case
October 19, 2020
Jim Hamilton's World
CFTC Passes Position-Limit Rule
October 19, 2020
CFA Institute
Blockchain Won’t Replace XBRL
October 19, 2020
Reuters
UK to Firms: Plan for No-Deal Brexit
October 18, 2020
SDNY Blog
Venezuela Fails to Void Bonds
October 18, 2020
D&O Diary
EY Clients Nabbed in Financial Scandals — What It Means
October 18, 2020
Financial Times
High-Minded Deutsche Bank Whistleblower Going Broke
October 18, 2020
Davis Polk Briefing
ISS Offers Voting Policy Changes
October 18, 2020
Reuters
Two Trump Judges Slam Shareholder Class Actions
October 15, 2020
PubCo @ Cooley
Report Eyes California Board Diversity
October 15, 2020
Jim Hamilton's World
PCAOB Member Says Board Ignores Investor Concerns
October 15, 2020
Corporate & Securities Law Blog
California Aligns with Feds on Tax Treatment of PPP Loan Forgiveness
October 15, 2020
Reuters
Wells Fargo Axes Employees for Covid Relief-Funds Misuse
October 14, 2020
Daily News
Ex-Congressman Collins Enters Prison
October 14, 2020
Professor Bainbridge
More Evidence Business Roundtable Statement Was Greenwashing
October 14, 2020
Jim Hamilton's World
SEC Commissioner Extols Public Offerings
October 14, 2020
Davis Polk Briefing
How Glass Lewis Saw 2020 Proxy Season
October 14, 2020
Corporate & Securities Law Blog
Trusbusters Demand More Information from Investment Funds
October 14, 2020
Reuters
Apple Launches 5G Phones
October 13, 2020
D&O Diary
California Board Diversity Law Faces Lawsuits
October 13, 2020
PubCo @ Cooley
New Framework for Stakeholder Metrics
October 13, 2020
Jim Hamilton's World
SEC Updates Form CRS FAQs
October 13, 2020
Business Law Prof Blog
Say No to Private Postal Service
October 13, 2020
Reuters
Disney Restructures to Boost Streaming
October 12, 2020
New York Times
“Fast Fraud” Surges on Payment Apps
October 12, 2020
D&O Diary
Lawsuits Rain on SPAC Parade
October 12, 2020
Jim Hamilton's World
PCAOB Board Member Offers Ways to Protect Broker-Dealer Customers
October 12, 2020
Reuters
TikTok Rival Triller Mulls Going Public
October 11, 2020
PubCo @ Cooley
SEC Commissioner Argues for Diversity and Climate-Change Disclosure
October 11, 2020
Jim Hamilton's World
SEC Seeks Comments on SROs’ Market-Data Plan
October 11, 2020
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Clarifies “Summary” v. “Expedited” Proceedings
October 11, 2020
Business Law Prof Blog
Ninth Circuit Rights Securities Law Wrong
October 11, 2020
Justice Department
DOJ Announces Cryptocurrency Enforcement Framework
October 8, 2020
PubCo @ Cooley
SEC Targets Perks Non-Dislosure
October 8, 2020
Professor Bainbridge
ALI Preparing Restatement of Corporate Governance
October 8, 2020
Jim Hamilton's World
SEC Proposes “Finders” Exemption
October 8, 2020
Securities Regulation and Corporate Governance Monitor
Reg S-K Changes Effective in November
October 8, 2020
New York Times
Facebook Widens Political Ad Ban
October 7, 2020
Reuters
U.S. Starts Forgiving Pandemic Loans
October 7, 2020
Delaware Business Litigation Report
Delaware Chancery Clarifies Vicarious Liability
October 7, 2020
Jim Hamilton's World
Lawmakers Try to Cut Confusion on Digital-Assets Governance
October 7, 2020
Reuters
Spain Jails McAfee Software Creator
October 6, 2020
PubCo @ Cooley
Suit Challenges California Board-Diversity Law
October 6, 2020
Davis Polk Briefing
World Economic Forum Issues Reporting Metrics, Disclosure Standards
October 6, 2020
Corporate & Securities Law Blog
How PPP Loans Work When Borrowers Change Owners
October 6, 2020
Reuters
SEC Sues John McAfee Over Crytocurrency Promotions on Twitter
October 5, 2020
PubCo @ Cooley
SEC Accuses HP of Not Disclosing Known Trends and Uncertainties
October 5, 2020
Professor Bainbridge
Are Inspection Rights Subject to Internal Affairs Doctrine?
October 5, 2020
Jim Hamilton's World
Does SEC’s Planned Alternative Trading System Go Far Enough?
October 5, 2020
Reuters
UK’s Johnson Can Live with No-Deal Brexit
October 4, 2020
Bloomberg
SEC Tipsters Get $175 million in Record Year
October 4, 2020
Deal Lawyers.com
Delaware Chancery Shines Spotlight on M&A Fraud Claims
October 4, 2020
Davis Polk Briefing
SEC Committee Offers Diversity Update
October 4, 2020
Business Law Prof Blog
#MeToo Clauses Emerging in M&A
October 4, 2020
Reuters
House Mulls Tougher Antitrust Laws
October 1, 2020
D&O Diary
Update on Board Executive Committees
October 1, 2020
Bloomberg
London Banker Skirts Insider Trading Charge
October 1, 2020
Jim Hamilton's World
Clovis Investor Can’t Bootstrap Fiduciary Claims
October 1, 2020
White & Case
Better Days Ahead for Dealmaking?
October 1, 2020

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