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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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March 2023

Does Stock Indexing Impede or Facilitate Arbitrage and Price Discovery?

By Panos N. Patatoukas and Byung Hyun Ahn March 2, 2023 by renholding

What is the effect of stock indexing on information arbitrage and the efficacy of the price discovery process? Forty-five years after John C. Bogle, the Vanguard Group founder, launched the world’s first index mutual fund, and 30 years after the …

Davis Polk Discusses NYSE and Nasdaq Clawback Rule Proposal

By Kyoko Takahashi Lin and Ning Chiu March 2, 2023 by renholding

On February 22, 2023, the New York Stock Exchange and the Nasdaq Stock Market released their respective versions of a proposed rule that implements the SEC’s clawback rule mandated by Section 954 of the Dodd-Frank Act. The SEC’s final rule, …

Using ETFs to Conceal Insider Trading

By Elza Eglīte, Dans Štaermans, Vinay Patel and Tālis Putniņš March 1, 2023 by renholding

On August 17, 2021, the Securities and Exchange Commission (SEC) filed the first lawsuit charging insider trading in an economically related stock. A former employee of Medivation (MDVN, a mid-sized biopharmaceutical company) was charged for trading on confidential information about …

ISS Discusses Russell 3000 Boards Becoming More Diverse

By Paul Hodgson, Aditi Aier and Carmen Luk March 1, 2023 by renholding

There has been a lot of talk about how to increase racial and ethnic diversity on U.S. corporate boards as well as many initiatives to help nominating committees identify candidates from under-represented groups. To assess the current situation, ISS Corporate …

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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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Bloomberg
Who Gets First Shot at Do Kwon?
March 30, 2023
Reuters
Lawmakers Press SEC on Climate Rule
March 30, 2023
D&O Diary
Securities Suit Mediations Are Unique
March 30, 2023
CoinDesk
Bank Failures Not Crypto’s Fault
March 30, 2023
PubCo @ Cooley
SEC Gives Sustainability Reports Teeth
March 30, 2023
Reuters
“Succession” Fodder for Law Professors
March 29, 2023
Forbes
Alameda Funds SBF Legal Defense
March 29, 2023
Securities and Exchange Commission
SEC Charges Crypto Platform Beaxy
March 29, 2023
PubCo @ Cooley
Sexual Harassment Costs Shareholders
March 29, 2023
Jim Hamilton's World
Fewest Q1 IPOs in a Decade
March 29, 2023
The Guardian
Chipmaker Nvidia Calls Crypto Useless
March 28, 2023
CNBC
DOJ Says SBF Bribed Chinese Official
March 28, 2023
Jim Hamilton's World
SOX Whistleblower Sues Wrong Boss
March 28, 2023
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Names Custodian to Assist in Corporate Dissolution
March 28, 2023
Corporate & Securities Law Blog
FTC Scrutinizing “Negative Options”
March 28, 2023
Wall Street Journal
Crypto’s Latest Legal Hope
March 27, 2023
Bloomberg
Nasdaq Eyes Crypto Custody Launch
March 27, 2023
PubCo @ Cooley
Update on Pay v. Performance Rules
March 27, 2023
Jim Hamilton's World
Coinbase Receives SEC Wells Notice
March 27, 2023
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Clarifies Scope of Attorney Charging Liens
March 27, 2023
CNBC
Crypto Firms Slam DC for Unclear Rules
March 26, 2023
Bloomberg
Terraform’s Do Kwon Accused of Fraud
March 26, 2023
Wall Street Journal
Banking’s Most Thankless Job
March 26, 2023
Jim Hamilton's World
Scotus Petition Charges FINRA Excess
March 26, 2023
Business Law Prof Blog
Does Zoom Change Court Procedure?
March 26, 2023
PCAOB
PCAOB Names New Enforcement Chief
March 23, 2023
Dealbook
Short Seller Slaps Jack Dorsey’s Block
March 23, 2023
LinkedIn
Why Coinbase Will Lose Fight with SEC
March 23, 2023
FCPA Professor
SEC’s Long FCPA Enforcement Drought
March 23, 2023
Business Law Prof Blog
SEC Dings Crypto-Touting Celebrities
March 23, 2023
Reuters
Yellen Rejects Blanket Deposit Insurance
March 22, 2023
CoinDesk
Senator Seeks Sham Crypto-Audit Ban
March 22, 2023
Bloomberg
Belgium Requires Sharp Crypto Warning
March 22, 2023
Jim Hamilton's World
SEC Chief Accountant Reminds on Best Practices for Secondary Auditors
March 22, 2023
Deal Lawyers.com
Delaware Dings Company Sale Non-Compete
March 22, 2023
Bloomberg
Ex-Tesla Australia Boss Avoids Jail
March 21, 2023
CoinDesk
Florida Gov. DeSantis Proposes to Ban Central Bank Digital Currencies
March 21, 2023
D&O Diary
Shareholders Sue Rite Aid over Opioid
March 21, 2023
New York Times
Crypto Wants Its Shine Back
March 21, 2023
Reuters
Coinbase Arbitration Splits Scotus
March 21, 2023
Bloomberg
Why Was KPMG Still Auditing SVB?
March 20, 2023
PubCo @ Cooley
McDonald’s Directors Duck Caremark
March 20, 2023
Jim Hamilton's World
SEC Proposes Expanding Reg SCI
March 20, 2023
Delaware Corporate & Commercial Litigation Blog
Culture Wars Come to Delaware Courts
March 20, 2023
Securities and Exchange Commission
SEC Builds Out Tender Offer Rules
March 20, 2023
Washington Post
Ex-Theranos Exec Drags Heels to Prison
March 19, 2023
CoinDesk
FDIC Denies Signature Bank Buyer Would Have to Dump Crypto
March 19, 2023
D&O Diary
Shareholders Sue Credit Suisse
March 19, 2023
Bloomberg
Biden Seek Tough Bank Exec Penalties
March 19, 2023
Business Law Prof Blog
There’s No Joking in Securities Law
March 19, 2023
Reuters
Yellen, Dimon, Powell, and Key Lawyer Help Clinch First Republic Deal
March 16, 2023
D&O Diary
Credit Suisse Hit with Securities Suit
March 16, 2023
Wall Street Journal
Guo Wengui Charged in Alleged Fraud
March 16, 2023
CoinDesk
FTX Paid About $2.2 Billion to SBF
March 16, 2023
PubCo @ Cooley
SEC Charges DXC with Misleading non-GAAP Disclosures
March 16, 2023
Reuters
AI Beats Lawyers on Bar Exam
March 15, 2023
Dealbook
Goldman Eyes Big SVB-Deal Payout
March 15, 2023
D&O Diary
Signature Next Shareholder Suit Target
March 15, 2023
CoinDesk
Major Banks OK with Crypto Firms
March 15, 2023
Bloomberg
Judges Slam Disruptive Law Students
March 15, 2023
Washington Post
Signature Bank Failure Threatens Crypto
March 14, 2023
Bloomberg
Goldman Banker’s Legal Fees Cut Off as Insider Trading Trial Looms
March 14, 2023
Reuters
Bank Woes Trouble for FTX Customers
March 14, 2023
Wall Street Journal
SEC, DOJ Probing SVB Collapse
March 14, 2023
Jim Hamilton's World
N.Y. AG Sues Crypto Trading Platform
March 14, 2023
Reuters
JPMorgan Eyes SVB Financial
March 13, 2023
D&O Diary
Shareholder Sues SVB Holding Co.
March 13, 2023
PubCo @ Cooley
SEC Chair Reticent on Failed Banks
March 13, 2023
Jim Hamilton's World
Shareholders Challenge “Woke” Apple
March 13, 2023
Freshfields Blog
DOJ’s New Merger Enforcement Theory
March 13, 2023
Wall Street Journal
SEC Focuses on Earnings Manipulation
March 12, 2023
Reuters
Ex-Congressman Guilty of Insider Trading
March 12, 2023
Bloomberg
SEC Seeks Supreme Court Review of Agency Judges’ Constitutionality
March 12, 2023
NBC News
Judge Rules Appeal Won’t Delay Theranos Ex-Exec’s Prison Sentence
March 12, 2023
Morris Nichols
Delaware Supreme Court Cross-Designates Judges as Vice Chancellors
March 12, 2023
CoinDesk
Audit Watchdog Says Don’t Trust Crypto Sector’s Reserve Reports
March 9, 2023
CNBC
Crypto-Bank Silvergate Shutting Down
March 9, 2023
PubCo @ Cooley
SEC Posts NYSE, Nasdaq Proposed Clawback Listing Standards
March 9, 2023
Jim Hamilton's World
CFTC Commissioner Talks Climate Risk
March 9, 2023
Weil Private Equity Watch
Forum Selection and Choice-of-Law Clauses Are Trickier Than Many Think
March 9, 2023
CoinDesk
SEC Busts Crypto Mining Scheme
March 8, 2023
D&O Diary
Securities Suit Settlements Reach Recent Highs in Number and Amounts
March 8, 2023
Bloomberg
Women Gain 34 S&P 500 Board Seats in 2023
March 8, 2023
Reuters
U.S. Appeals Court Questions SEC Rejection of Grayscale Bitcoin Fund
March 8, 2023
Jim Hamilton's World
Lawmakers Clash on SEC Climate Rules
March 8, 2023
Reuters
U.S. Sues to Stop JetBlue-Spirit Deal
March 7, 2023
D&O Diary
Chat Bots Worth Worrying About
March 7, 2023
CoinDesk
Trusting Crypto Requires U.S. Oversight
March 7, 2023
Wall Street Journal
PokerStars Settles over Russia Payments
March 7, 2023
Bloomberg
SEC-Grayscale Fight Is About Risk of Widespread Bitcoin Investing
March 7, 2023
Reuters
California to Shun Walgreen’s over Pill
March 6, 2023
Wall Street Journal
Texts Suggest Binance Tried to Elude U.S. Authorities
March 6, 2023
Bloomberg
Grayscale, SEC Face Off in Court
March 6, 2023
PubCo @ Cooley
DOJ, SEC Bring Charges for Insider Trading Involving 10b5-1 Plans
March 6, 2023
Delaware Corporate & Commercial Litigation Blog
McDonald’s Skirts Caremark Claims
March 6, 2023
Reuters
Silvergate Suspends Crypto Payments
March 5, 2023
Bloomberg
Ex-SEC Chairs Tout Board Diversity
March 5, 2023
Wall Street Journal
Senate Bill Would Revive Effort to Ban Executive Branch Stock Trading
March 5, 2023
Jim Hamilton's World
Boards Neglect Shareholders on ESG
March 5, 2023
Business Law Prof Blog
Decision on Caremark Liability for Officers Is Much Ado About Nothing
March 5, 2023
D&O Diary
Life Sciences Firms Were Popular Securities Suit Target in 2022
March 2, 2023
Bloomberg
Ex-Congressman in Insider Trading Trial
March 2, 2023
Reuters
Bribery Case Costs Glencore $700 Mln
March 2, 2023
CoinDesk
Crypto-Friendly Bank Facing Probes
March 2, 2023
PubCo @ Cooley
Is California Bill a Preview of SEC Climate Disclosure Rule?
March 2, 2023
Wall Street Journal
Bankman-Fried Ally Pleads Guilty
March 1, 2023
Reuters
Visa, Mastercard Pause Crypto Push
March 1, 2023
New York Magazine
The Original Crypto King Is Back
March 1, 2023
CNBC
Hacked DC Law Firm Fights SEC
March 1, 2023
Jim Hamilton's World
Suit Urges SEC Clarity on Ethereum
March 1, 2023

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