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

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August 2022

SEC Chair Gensler Speaks on Re-Proposed Amendments to FINRA Membership Exemption

By Gary Gensler August 1, 2022 by renholding

Today [July 29], the Commission unanimously voted to re-propose amendments to Rule 15b9-1 regarding when broker-dealers are required to register with the Financial Industry Regulatory Authority (FINRA). These amendments would cause some of the most active participants in our equity …

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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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Lawfare
SEC Cybersecurity Disclosure Proposal May Harm Cybersecurity
August 31, 2022
Wall Street Journal
Arthur Andersen Legacy Is Complicated
August 31, 2022
CNBC
Crypto Fraud Prompts Congress to Seek Answers from Coinbase, FTX, Binance
August 31, 2022
Bloomberg
Investor Proposals Rising on the Right
August 31, 2022
Reuters
U.S. Regulators to Vet Audits of Alibaba and Other Chinese Firms
August 30, 2022
D&O Diary
Now Comes the ESG Backlash
August 30, 2022
Wall Street Journal
SEC Wants to Be U.S. Crypto Cop
August 30, 2022
Securities Regulation and Corporate Governance Monitor
SEC Issues Guidance on Universal Proxy
August 30, 2022
Sidley
ISS Weighs In on Universal Proxy
August 30, 2022
New York Post
SEC, Wall Street Clash on Office Return
August 29, 2022
Forbes
Over Half of Bitcoin Trades Are Fake
August 29, 2022
PubCo @ Cooley
Is Standoff With Chinese Regulators over Audit Inspections at an End?
August 29, 2022
Jim Hamilton's World
Florida Governor Bars State Pension from Considering ESG Factors
August 29, 2022
Bloomberg
Reverse Termination Fees Range Widely
August 29, 2022
Axios
Texas Bans BlackRock, UBS over ESG
August 28, 2022
New York Times
Ethereum to Cut Energy Consumption
August 28, 2022
Bloomberg
Nasdaq to Defend Board Diversity
August 28, 2022
Bloomberg
Some Free Brokers Cheaper Than Others
August 28, 2022
PubCo @ Cooley
SEC Hikes 2023 Fee Rates
August 28, 2022
Dealbook
DeSantis Claims Win Against ESG
August 25, 2022
Washington Post
Crypto’s Big Marketing Push Falls Flat
August 25, 2022
PubCo @ Cooley
SEC Offers 2022-2026 Strategic Plan
August 25, 2022
Jim Hamilton's World
Twitter Edges Musk on Discovery
August 25, 2022
White & Case
Buyback Tax May Chill M&A
August 25, 2022
Wall Street Journal
Trio Dupes Banks, Crypto Exchange
August 24, 2022
Washington Post
Top Crypto Firm Defies U.S. Sanctions
August 24, 2022
Reuters
Wire Fraud Dominates Crypto Law
August 24, 2022
Professor Bainbridge
SOX Compliance Costs Still Rising
August 24, 2022
Jim Hamilton's World
Foreign Firms Do Week’s Only IPO
August 24, 2022
Reuters
Germany Plans New Financial Crime Authority
August 23, 2022
Dealbook
Whistleblower Spam Claims Shake Twitter
August 23, 2022
Sidley Enhanced Scrutiny
Are Emails “Necessary and Essential” Under Delaware Section 220?
August 23, 2022
Bloomberg
Advocates Rethink ESG Label
August 23, 2022
Deal Lawyers.com
Delaware Chancery Says Deal Was Entirely Fair, Though Not Perfect
August 23, 2022
Wall Street Journal
SEC Should Treat Crypto Like Rest of Capital Markets
August 22, 2022
PubCo @ Cooley
What. Comments About SEC Climate-Disclosure Proposal Tell Us
August 22, 2022
Jim Hamilton's World
Florida Court Nixes “Stop WOKE Act”
August 22, 2022
Delaware Corporate & Commercial Litigation Blog
Chancery’s Laster Talks Big Law Ethics
August 22, 2022
Corporate & Securities Law Blog
Tax Scoops in Inflation Reduction Act
August 22, 2022
D&O Diary
Online Lottery Firm Hit With First SPAC-Linked Securities Suit Since May
August 21, 2022
Bloomberg
SEC Wins Big on Disgorgement
August 21, 2022
CNBC
FDIC Warns Crypto Firm About Deposit Protection Claims
August 21, 2022
Bloomberg
Theranos Victims Weigh In on Sentence
August 21, 2022
Jim Hamilton's World
PCAOB Seeks Five-Year Plan Comment
August 21, 2022
D&O Diary
Court Dismisses Opioid-Related Securities Suit
August 18, 2022
Bloomberg
Celebrity Crypto Ads Vanish from TV
August 18, 2022
Institutional Investor
SEC Rules Could Kill Half of All SPACs
August 18, 2022
PubCo @ Cooley
State Bills Target Company ESG Policies
August 18, 2022
Jim Hamilton's World
DC Circuit Blasts SEC Approval of FINRA’s Bond Data Service
August 18, 2022
Washington Post
Musk Says His Tweet About Buying Manchester United Was a Joke
August 17, 2022
Securities and Exchange Commission
SEC Brings Insider Trading Cases Involving Equifax Data Breach
August 17, 2022
American Prospect
Can Crypto Pick its Regulator?
August 17, 2022
New York Magazine
How Crypto Hedge Fund Crashed
August 17, 2022
Reuters
Meme Stock Bed Bath Soars
August 16, 2022
Latham & Watkins
Former Facebook GC Joins Latham
August 16, 2022
Securities and Exchange Commission
SEC Sues Entities, Founder Over Unregistered Crypto Asset Offerings
August 16, 2022
Jim Hamilton's World
SEC OKs PCAOB on Outside Auditors
August 16, 2022
Delaware Business Litigation Report
Delaware Chancery Clarifies “Common Interest” in M&A Privilege Claims
August 16, 2022
New York Times
WeWork Founder’s Firm Gets Backing
August 15, 2022
Bloomberg
Crackdown Looms for Stablecoin Market
August 15, 2022
PubCo @ Cooley
Compensation Plans Account for ESG
August 15, 2022
Jim Hamilton's World
CFTC Updates for New Reference Rate
August 15, 2022
Institutional Investor
Take-Private Deals Near Record
August 15, 2022
Reuters
Former Deutsche Bank Co-CEO Anshu Jain Dies
August 14, 2022
D&O Diary
SPAC Liquidations Prompting Lawsuits
August 14, 2022
Corporate & Securities Law Blog
Delaware Supreme Court Rules Appraisal Survives Despite Novel Deal Structure
August 14, 2022
Truth on the Market
FTC Chair’s Agenda Faces Three Risks
August 11, 2022
D&O Diary
Here’s the Problem With ESG
August 11, 2022
Reuters
GOP Prepares Consumer Watchdog, SEC Probes
August 11, 2022
Wall Street Journal
Regulators Mull Asking Hedge Funds to Report Crypto Exposure
August 11, 2022
Bloomberg
BitMart Exchange Breach is FTC’s First Crypto Case
August 11, 2022
The National Law Review
SEC “Special Ops” Gets Results
August 10, 2022
American Lawyer
SEC Boosts Law Firm ESG Business
August 10, 2022
PubCo @ Cooley
The Case for Director Evaluations
August 10, 2022
Jim Hamilton's World
SEC, FTC Seek District-Court Review Bar
August 10, 2022
CFA Institute
SOX Improved Reporting and Audits
August 10, 2022
Fortune
Nasdaq Diversity Rule Merely Good First Step
August 9, 2022
Wired
Crypto, Feds Headed for Showdown
August 9, 2022
Securities and Exchange Commission
SEC Awards Whistleblowers $16 Million
August 9, 2022
Jim Hamilton's World
CFTC Tells Predictit to Wind Down Political Betting Markets
August 9, 2022
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Finds Implied Agreement for LLP Member’s Withdrawal
August 9, 2022
Bloomberg
Why Crypto’s Limp BlackRock Response Matters
August 8, 2022
Wall Street Journal
Crypto Turmoil Highlights Compliance Chief Risks
August 8, 2022
PubCo @ Cooley
What’s Wrong With ESG Ratings?
August 8, 2022
Jim Hamilton's World
Second Circuit: SOX Whistleblower Must Prove Retaliatory Intent
August 8, 2022
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Addresses Fiduciary Duties of Corporate Officers
August 8, 2022
New York Times
FASB May Be New Power Broker of Taxes
August 7, 2022
Bloomberg
NYC Comptroller Strikes Back at Republican ESG Criticisms
August 7, 2022
Protocol
Is Crypto Enforcement by Regulation Bad?
August 7, 2022
Washington Post
Judges Rely on Wikipedia in Opinions
August 7, 2022
Business Law Prof Blog
The True Impact of Allowing Charters in Delaware to Exculpate Directors
August 7, 2022
PubCo @ Cooley
Proxy Season Saw More Shareholder Proposals but Less Support
August 4, 2022
Jim Hamilton's World
July IPOs Fewest Since January 2019
August 4, 2022
Corporate & Securities Law Blog
Second Circuit Limits Scope of SEC Whistleblower Incentives
August 4, 2022
CFA Institute
Level of Climate Disclosure Disappoints
August 4, 2022
Business Law Prof Blog
FINRA Offers New Expungement Plan
August 4, 2022
Reuters
Fed Officials Beat Inflation Drum
August 3, 2022
Wall Street Journal
Senate Plan Would Make CFTC Bitcoin and Ether Regulator
August 3, 2022
Bloomberg
SEC Says Discovery on 1988 Speech Would Chill Agency Deliberations
August 3, 2022
Jim Hamilton's World
Eleventh Circuit Rules PSLRA Safe Harbor Shields Some Yearly Estimates
August 3, 2022
Cooley M&A
The Latest on M&A Price Adjustments After a Closing
August 3, 2022
D&O Diary
First Energy Derivative Suit Settlement Just Won’t Settle
August 2, 2022
Protocol
SEC and Coinbase Square Off
August 2, 2022
Reuters
Robinhood’s Crypto Arm Fined $30 Million by NYS Financial Regulator
August 2, 2022
Bloomberg
Twitter Investor Sues Elon Musk Over Busted $44 Billion Deal
August 2, 2022
New York Times
West Virginia Dings Anti-Coal Banks
August 1, 2022
Securities and Exchange Commission
SEC Charges 11 in Crypto Ponzi Scheme
August 1, 2022
PubCo @ Cooley
FASB Seeks More Human Capital Data
August 1, 2022
Jim Hamilton's World
SEC Sued Over Proxy Rule Rescission
August 1, 2022
Deal Lawyers.com
Delaware Chancery Applies MFW Test to Dual Class Charter Amendment
August 1, 2022

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