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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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May 2023

Cleary Gottlieb Discusses Non-Disclosure Agreements — Are They Effective?

By Sunil Gadhia, James Brady-Banzet, Kieran Rogan, Chris Gollop and Tim Vogel May 2, 2023 by renholding

Over the past several years, the use of non-disclosure agreements (“NDAs”) has received significant public scrutiny following their controversial use in a number of high profile harassment claims.[1]

NDAs were back in the headlines earlier this year following the …

How to Square Corporate Bankruptcy With Cryptocurrency

By Stephen J. Lubben May 1, 2023 by renholding

One of the primary attractions of cryptocurrency, for libertarians and blackmailers alike, is its relative freedom from the governmental oversight and involvement that comes with traditional currency.  Yet this anti-government tilt is a problem where chapter 11, or bankruptcy generally, …

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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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New York Times
Walmart Pharmacists, Opticians Win Big
May 31, 2023
Wall Street Journal
Insiders Got Billions Before SPAC Bust
May 31, 2023
Bloomberg
SEC Queries PE Firms That Pulled Cash as Silicon Valley Bank Failed
May 31, 2023
Securities and Exchange Commission
Former SEC Chair Harvey Pitt Dies
May 31, 2023
Deal Lawyers.com
CFIUS Revises Mandatory Filing Date
May 31, 2023
Reuters
Nvidia Briefly Joins $1 Trillion Club
May 30, 2023
D&O Diary
AI Far From Ready to Replace Lawyers
May 30, 2023
Wall Street Journal
Elizabeth Holmes Finally Goes to Prison
May 30, 2023
Bloomberg
Winklevoss Twins Seek Foreign Reset
May 30, 2023
PubCo @ Cooley
SEC Clarifies Rule 10b5-1 Defense
May 30, 2023
Dealbook
Lazard Names Peter Orszag New CEO
May 29, 2023
D&O Diary
Update on SPAC-Related Litigation
May 29, 2023
Bloomberg
Only Third of Earnings Guidance Accurate
May 29, 2023
Wall Street Journal
Ex-Theranos CEO Stirs Inmate Interest
May 29, 2023
Business Law Prof Blog
SEC Climate Rules Face Speech Challenges Before Even Taking Effect
May 29, 2023
Bloomberg
Shaq Served FTX Suit at NBA Game
May 25, 2023
Wall Street Journal
“No Bears Allowed” at Bitcoin Confab
May 25, 2023
Jim Hamilton's World
No IPOs for Second Straight Week
May 25, 2023
Deal Lawyers.com
Delaware Chancery Clarifies “Substantially All” in Asset Deal Case
May 25, 2023
Business Law Prof Blog
SEC Changes Its Speech Disclaimer
May 25, 2023
Reuters
Meta Slashes Business Teams in Layoffs
May 24, 2023
Dealbook
DeSantis Shows Twitter Is Moving Right
May 24, 2023
D&O Diary
How to Navigate the ESG Landscape
May 24, 2023
Sidley Enhanced Scrutiny
How to Future Proof Boards
May 24, 2023
Cleary M&A Watch
Delaware Chancery Grapples With Contract Freedom v. Fiduciary Duties
May 23, 2023
Dealbook
AI-Generated Spoof Rattles Markets
May 23, 2023
Truth on the Market
How Much Info Do Markets Require?
May 23, 2023
Sidley Enhanced Scrutiny
Delaware Chancery Nixes Corwin for Post-Closing Injunctive Relief Claims
May 23, 2023
Jim Hamilton's World
Third Circuit Upholds SEC Decision to Deny Whistleblower Award
May 23, 2023
Dealbook
EU Fines Meta $1.3 Bln Over Privacy
May 22, 2023
D&O Diary
SPAC-Linked Shareholder Suits Reemerge in 2023
May 22, 2023
Bloomberg
FX Boss Convicted of Fraud Over Fake London Investment Firm
May 22, 2023
Bloomberg
Court Unseals Opinion in Carson Block Whistleblower Case
May 22, 2023
Deal Lawyers.com
UBS, Credit Suisse Risks Disclosed
May 22, 2023
New York Times
E-Sports World Starting to Teeter
May 21, 2023
New York Post
Javice Indicted in JPMorgan Fraud
May 21, 2023
Reuters
FTX Seeks Embed Deal Clawback
May 21, 2023
Jim Hamilton's World
Court Nixes California Board Diversity Law
May 21, 2023
Deal Lawyers.com
Delaware Chancery Rules Potential for Control Won’t Trigger Entire Fairness
May 21, 2023
D&O Diary
What’s Worrying Risk Management Pros
May 18, 2023
Bloomberg
Robinhood Settles Hacked Accounts Suit
May 18, 2023
Reuters
Elizabeth Holmes Finally Prison Bound
May 18, 2023
PubCo @ Cooley
SEC Climate Rules Delayed Until Fall
May 18, 2023
Jim Hamilton's World
SEC OKs Proposed Risk Management Rules for Clearing Agencies
May 18, 2023
FCPA Professor
Not Much Yet from SEC on FCPA
May 17, 2023
Wall Street Journal
FTX Investors Can’t Find Shaq
May 17, 2023
Bloomberg
UK Lawmakers Want Crypto and Bitcoin Treated Like Gambling
May 17, 2023
Securities and Exchange Commission
SEC Accuses Microcap Firm of Fraud
May 17, 2023
PubCo @ Cooley
Accounting Enforcement on the Rise
May 17, 2023
D&O Diary
Covid-Linked Securities Suit Hits Disney
May 16, 2023
The Guardian
Michael Lewis Writing Book About SBF
May 16, 2023
Bloomberg
SEC Says Too Busy to Answer Coinbase
May 16, 2023
NBC News
Musk Still Needs a “Twitter Sitter”
May 16, 2023
Jim Hamilton's World
FERC Becomes ESG Battleground
May 16, 2023
Bloomberg
Some Crypto Firms Lack Boards, Audits
May 15, 2023
Bloomberg
CME CEO Threatens to Leave Chicago
May 15, 2023
CNBC
Crypto Firms Playing Poker With SEC
May 15, 2023
CoinDesk
Binance Exits Canada over Regulation
May 15, 2023
PubCo @ Cooley
U.S. Chamber of Commerce Sues SEC Over Share Repurchase Rules
May 15, 2023
Reuters
Argentina to Up Rates as Inflation Soars
May 14, 2023
Securities and Exchange Commission
Records Flaws Fell HSBC, Scotia Capital
May 14, 2023
CNBC
Autonomy Founder Extradited to U.S.
May 14, 2023
Jim Hamilton's World
Culture Wars Mar House ESG Hearing
May 14, 2023
Business Law Prof Blog
Chancery Gives Caremark Another Twist
May 14, 2023
Bloomberg
More Regulatory Probes Hit Robinhood
May 11, 2023
CoinDesk
IRS Files $44 Billion FTX Claim
May 11, 2023
PubCo @ Cooley
Will Chevron Deference Survive?
May 11, 2023
Activist Investor Blog
Activist Again Wins Universal Proxy Vote
May 11, 2023
Corporate & Securities Law Blog
Private Equity Under Antitrust Scrutiny
May 11, 2023
D&O Diary
Kraft Heinz Settles Shareholder Litigation for $450 Million
May 10, 2023
Wall Street Journal
Miami’s Crypto Love Affair Sours
May 10, 2023
Reuters
Prosecutors Eye Bank Share Short Sales
May 10, 2023
Associated Press
Judge Nixes Block Shareholder Suit over Online Music Deal
May 10, 2023
Corporate & Securities Law Blog
NY AG’s Bill Seeks Order in Crypto Biz
May 10, 2023
New York Times
SBF Seeks to Dismiss Charges
May 9, 2023
Wall Street Journal
Scotus Case Imperils SEC Climate Rule
May 9, 2023
Financial Times
Who Is the $279 Mln Whistleblower?
May 9, 2023
Bloomberg
Ex-Coinbase Manager Sentenced to Two Years for Insider Trading
May 9, 2023
Jim Hamilton's World
SEC Brings First Liquidity-Rule Case
May 9, 2023
Yahoo Finance
Binance Faces Russia Sanctions Probe
May 8, 2023
Breakingviews
SEC Silent Too Long on Crypto Rules
May 8, 2023
Bloomberg
JPMorgan Must Pay Javice Legal Fees
May 8, 2023
Jim Hamilton's World
SEC Finds Leveraged ETFs Bamboozled Investment Adviser
May 8, 2023
Delaware Business Law
Delaware Chancery Addresses Stockholder Covenant Not to Sue
May 8, 2023
Bloomberg
SEC Probes Republic Bank Exec Trades
May 7, 2023
Securities and Exchange Commission
SEC Pays Record Whistleblower Award
May 7, 2023
New York Times
Theranos Founder Holmes Opens Up
May 7, 2023
Jim Hamilton's World
Can Bankruptcy Nix Whistleblower Pay?
May 7, 2023
Business Law Prof Blog
Ten Questions for Lawyers About AI
May 7, 2023
Reuters
Officials Eye Bank Share Manipulation
May 4, 2023
Bloomberg
Coinbase Faces Off Against SEC
May 4, 2023
FCPA Blog
Stryker Discloses New FCPA Probe
May 4, 2023
PubCo @ Cooley
SEC OKs Stock Buyback Final Rules
May 4, 2023
Jim Hamilton's World
SEC Approves Form PF Amendments
May 4, 2023
Dealbook
Short Seller Goes After Carl Icahn
May 3, 2023
Reuters
DeSantis Signs Sweeping Anti-ESG Bill
May 3, 2023
Bloomberg
UK to Ban Cold Calls Selling Crypto
May 3, 2023
New York Post
AOC, Gaetz Push Congress Trading Ban
May 3, 2023
PubCo @ Cooley
How Firms React to Anti-ESG Efforts
May 3, 2023
Truth on the Market
AI’s Variety Confounds EU Regulation
May 2, 2023
Dealbook
Wall Street Fears More Bank Troubles
May 2, 2023
Reuters
Scotus Mulls Whistleblower Retaliation
May 2, 2023
Wall Street Journal
Crypto Exchange Fined for Sanctions Breach
May 2, 2023
Bloomberg
Crackdown Would Do Crypto Good
May 2, 2023
Reuters
American Air Pilots OK Strike Mandate
May 1, 2023
Cooley M&A
EU’s Top Court Says No Deals “Off the Table” for Merger Review
May 1, 2023
Dealbook
JPMorgan Returns as Bank Rescuer
May 1, 2023
Bloomberg
Whistleblowers on $1 Billion Fraud Denied SEC Windfall
May 1, 2023
Jim Hamilton's World
SEC Reopens Comment Period for New Beneficial Ownership Rule
May 1, 2023

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