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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 2023

To Whom Are Caremark Duties Owed?

By Ann M. Lipton October 3, 2023 by renholding

A while ago, the National Center for Public Policy Research – a conservative organization that focuses its advocacy in the corporate and securities space – filed a lawsuit against Starbucks, arguing that its diversity equity and inclusion program ran

…

When Corporate Misconduct Leads to Death, Deferred Prosecution Should Not Be Permitted

By Peter R. Reilly October 2, 2023 by renholding

Department of Justice (DOJ) prosecutors are empowered to resolve serious corporate criminal allegations through deferred prosecution agreements (DPA). In a new paper, I argue that DPAs should not be permitted when corporate misconduct causes people to lose their lives.

To …

Skadden Discusses Additional SEC Pay-Versus-Performance Compliance and Disclosure Interpretations

By Shalom D. Huber, Robin L. Caskey and Loren Koles October 2, 2023 by renholding

On September 27, 2023, the staff of the Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance issued 10 new Compliance & Disclosure Interpretations (C&DIs) relating to the pay-versus-performance (PVP) disclosure rules adopted last year. This new set of C&DIs …

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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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Dealbook
Global Race to Regulate AI Heats Up
October 31, 2023
CoinDesk
SBF Post-Collapse Media Blitz Flops
October 31, 2023
Wall Street Journal
Cyber Chiefs Fear Personal Liability
October 31, 2023
Bloomberg
FTX Ghost Haunts Formula One
October 31, 2023
Jim Hamilton's World
Scotus Punts Two Securities Cases
October 31, 2023
The Hill
Congress May Update SEC’s Mission
October 30, 2023
Investment News
Financial Industry Seeks SEC Halt
October 30, 2023
D&O Diary
Time to Say RIP to ESG?
October 30, 2023
Securities and Exchange Commission
Solar Winds, Exec Charged With Fraud
October 30, 2023
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Rules Board Members Properly Removed
October 30, 2023
D&O Diary
Securities Suit Opt-Outs More Common
October 29, 2023
Washington Post
U.S. Warns of Crypto Funds for Hamas
October 29, 2023
Bloomberg
JPMorgan Fraudster Seeks Legal Fees
October 29, 2023
Wall Street Journal
How Crypto Fugitive Evaded Capture
October 29, 2023
Jim Hamilton's World
Gensler Mulls Climate Rule Tweaks
October 29, 2023
Securities and Exchange Commission
Gensler Speaks at Enforcement Forum
October 26, 2023
Yahoo Finance
SEC Penalties Fell, Bars Rose in FY2023
October 26, 2023
PubCo @ Cooley
Nasdaq Diversity-Rule Case Continues
October 26, 2023
Jim Hamilton's World
SIFMA Hones Case Against Missouri Rules Making ESG Investing Harder
October 26, 2023
Business Law Prof Blog
PIABA Issues Expungement Report
October 26, 2023
Reuters
Shell Cuts Low-Carbon Jobs in Overhaul
October 25, 2023
PubCo @ Cooley
Is There an Alternative to Scope 3?
October 25, 2023
Professor Bainbridge
Not All Controlling Shareholder Transactions Should Require Cleansing
October 25, 2023
Jim Hamilton's World
CFTC Commissioner Warns on Due Process
October 25, 2023
Deal Lawyers.com
SEC Approves New Ackman Vehicle
October 25, 2023
Delaware Business Litigation Report
Delaware Chancery Delivers Rare Rejection of Derivative Settlement
October 24, 2023
Dealbook
Is ESG Falling Out of Favor?
October 24, 2023
D&O Diary
Securities Class Actions Targeting Companies’ Pay-Range Disclosures
October 24, 2023
Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Jurisdiction
October 24, 2023
Wall Street Journal
DOJ Investigates Tesla Executive Perks, Related-Party Deals
October 24, 2023
NBC News
SBF Prosecutors Deride Defense
October 23, 2023
Wall Street Journal
Will SBF Take the Stand at Trial?
October 23, 2023
Bloomberg
How SBF Bought Influence
October 23, 2023
PubCo @ Cooley
Scotus Returns to Chevron Deference
October 23, 2023
Jim Hamilton's World
Sierra Club Miffed New SEC Names Rule Silent on ESG Disclosure
October 23, 2023
Bloomberg
U.S. Nears First Hack Reporting Rule
October 22, 2023
D&O Diary
Facebook Investor-Privacy Suit Revived
October 22, 2023
Reuters
SEC Lets Two Ripple Execs Go
October 22, 2023
California Corporate & Securities Law
California Bill Would Require Shoppers to Notify AG Before Buying Groceries
October 22, 2023
Business Law Prof Blog
Who Can Appeal Securities Dismissal?
October 22, 2023
D&O Diary
SEC Can Whack Private Firms, Too
October 19, 2023
National Law Journal
Musk, Cuban Back Anti-SEC Case
October 19, 2023
Bloomberg
Where FTX’s Missing $9 Billion Went
October 19, 2023
PubCo @ Cooley
Fifth Circuit Denies Challenge to Nasdaq’s Board Diversity Rules
October 19, 2023
Jim Hamilton's World
Fund Manager Urges SEC to Require More Tobacco Revenue Disclosure
October 19, 2023
Reuters
Ford Reshuffles Top Management
October 18, 2023
CoinDesk
SBF Trial Bares Crypto’s Amateur Ways
October 18, 2023
Wall Street Journal
CFTC Plans Tougher Enforcement
October 18, 2023
Bloomberg
Senators Fear Crypto Terrorism-Funding
October 18, 2023
Reuters
Affiliate of Crypto Giant Binance Halts Dollar Withdrawals
October 18, 2023
New York Times
No Bad News Good News for Goldman
October 17, 2023
Bloomberg
Bitcoin Jump Hints at ETF Future
October 17, 2023
Washington Post
SBF’s Legal Defense Comes Up Short
October 17, 2023
Bloomberg
SEC Drops ESG as Compliance Priority
October 17, 2023
Jim Hamilton's World
GOP Rep Says SEC Chair Stonewalling
October 17, 2023
Bloomberg
Crypto Exchanges Embrace Lending
October 16, 2023
CoinDesk
Bankman-Fried May Testify at Trial
October 16, 2023
Reuters
Ferrari to Accept Crypto for Cars
October 16, 2023
PubCo @ Cooley
SEC Adopts Beneficial Ownership Rule
October 16, 2023
Jim Hamilton's World
SEC Adopts Securities Lending Rule
October 16, 2023
Reuters
UAW to Boost Action Against Ford
October 15, 2023
Bloomberg
GOP Rep Demands SEC Docs on ESG
October 15, 2023
New York Post
Congressional Stock Trading Plunges
October 15, 2023
Bloomberg
California Democrats Push SEC to Adopt State’s Climate Rules
October 15, 2023
Jim Hamilton's World
Survey Finds Boards Question Link Between ESG and Corporate Strategy
October 15, 2023
Bloomberg
Binance, Execs Face Brazil Indictments
October 12, 2023
Reuters
Tesla Shareholder Lawyers Defend $229 million Fee in Board Pay Case
October 12, 2023
PubCo @ Cooley
Is Corrupt Politics Securities Fraud?
October 12, 2023
Jim Hamilton's World
SEC Says Stock Buybacks Not Speech
October 12, 2023
Securities Regulation and Corporate Governance Monitor
California Governor Signs Climate Bill But Signals Changes to Come
October 12, 2023
New York Times
Ellison Admits She, SBF Were Dishonest
October 11, 2023
Reuters
Exxon Buys Shale Rival Pioneer
October 11, 2023
New York Times
Judge Scolds SBF’s Attorneys
October 11, 2023
Wall Street Journal
Crypto Seeks Lawyers, Compliance Execs
October 11, 2023
Bloomberg
The Cons of SEC WhatsApp Fines
October 11, 2023
Dealbook
Antitrust Change Boosts Taylor Swift
October 10, 2023
D&O Diary
Shareholders Sue Over Inflation Impact
October 10, 2023
CoinDesk
Crypto Should Ignore SBF Trial
October 10, 2023
Washington Post
Caroline Ellison Testifies at SBF Trial
October 10, 2023
Bloomberg
Broker Loses Challenge to FINRA Power
October 10, 2023
Wired
Everyone Talks About Wrong SBF Book
October 9, 2023
D&O Diary
Group Actions on Rise in UK and EU
October 9, 2023
Wall Street Journal
SEC Offers Carrot for Self-Reporting Wrongs
October 9, 2023
Reuters
Why SEC May Beat Musk This Time
October 9, 2023
PubCo @ Cooley
SEC Dings Newell on Disclosure, Controls
October 9, 2023
Dealbook
Testimony Reveals New FTX Details
October 5, 2023
Reuters
SEC Argues Coinbase Crypto Case Not Barred By Major Questions Doctrine
October 5, 2023
Wall Street Journal
When Caroline Ellison Met SBF
October 5, 2023
PubCo @ Cooley
NYSE Proposes Listing Standards for “Natural Asset Companies”
October 5, 2023
Jim Hamilton's World
PCAOB Updates Auditor Confirmations
October 5, 2023
Slate
SBF Trial’s First Day Like Crypto Prom
October 4, 2023
CoinDesk
SBF Sues Insurer as Legal Bills Rise
October 4, 2023
Bloomberg
SEC Denied Quick Ripple Appeal
October 4, 2023
PubCo @ Cooley
SEC Dings Another Electric Auto Firm
October 4, 2023
Jim Hamilton's World
CFTC to Update Compliance Exemption
October 4, 2023
Reuters
Court Tosses Talc Verdict Against J&J
October 3, 2023
CoinDesk
Has SBF Trashed Michael Lewis?
October 3, 2023
Bloomberg
Can AI Beat the Market?
October 3, 2023
PubCo @ Cooley
NYSE Proposes to Relax Shareholder Approval for Certain Equity Sales
October 3, 2023
Justice Department
DOJ on Voluntary Disclosure in M&A
October 3, 2023
Reuters
UAW, Mack Trucks Deal Averts Strike
October 2, 2023
Delaware Business Litigation Report
Derivative Plaintiffs Breached Duty to Company by Keeping Arbitration Award
October 2, 2023
Dealbook
Crypto’s Trial of the Century Begins
October 2, 2023
New York Times
Crypto Biz Roots for SBF Conviction
October 2, 2023
Deal Lawyers.com
Delaware Chancery Rejects Demand for Director Texts and Emails
October 2, 2023
Reuters
CFTC Fines Banks on Swap Reporting
October 1, 2023
D&O Diary
Scotus Takes Case on Whether Item 303 Breach Can Violate Section 10(b)
October 1, 2023
Securities and Exchange Commission
SEC Charges Clear Channel Outdoor With FCPA Violations on China
October 1, 2023
Jim Hamilton's World
SEC Chair Faces Down Often Hostile House Financial Services Committee
October 1, 2023
Deal Lawyers.com
Delaware Chancery Refuses to Re-Write Contract Terms on Earnouts
October 1, 2023

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