Sky Blog
Can I bet on a prediction market on whether the U.S. will bomb Iran before a specified date? Or, can I similarly bet there on whether the Ayatollah will be ousted from office (including as the result of his death …
AI adoption is now mainstream: 88% of businesses use AI in at least one function, with global spending expected to exceed $1.5 trillion in 2025 and approach $2 trillion in 2026. As organizations race to scale AI, many have relied …
Why do we still mark the beginning of corporate existence with the filing of a charter? Why file charters publicly when the content is overwhelmingly focused on internal stock rights? Why does the leading jurisdiction of Delaware make charters so …
On February 27, 2026, in a unanimous 37-page opinion, the Delaware Supreme Court upheld the constitutionality of significant changes to the Delaware General Corporation Law (DGCL) enacted in March 2025 via Senate Bill 21 (SB 21). This decision permits …
The Modigliani-Miller (MM) Theorem and the Coase Theorem are two of the most important contributions to modern economics. Their insights earned Nobel Prizes for their authors, with MM transforming how economists and legal scholars analyze corporate financial policy and Coase …
We wrote recently about a decision in which Judge Rakoff of the Southern District of New York denied the claim of defendant Bradley Heppner that documents prepared by Heppner using the consumer version of the AI model Claude for legal …
Bankruptcy has long been regarded as a gloomy area of law, one that fits uneasily with the heady optimism usually associated with start-ups. At the same time, start-up lawyers need to understand how downside scenarios will play out, both inside …
Good afternoon, ladies and gentlemen. It is a pleasure to join you here at Boca 2026 – a gathering that represents both the depth of the derivatives industry and the dynamism of the ideas and infrastructure that undergird modern risk …
Too often, for-profit and nonprofit boards are passive, deferential, or both. Their failures to engage their critical faculties have resulted in serious harms as diverse as Boeing planes crashing and the NRA squandering millions of dollars. Boeing’s massive safety failures …
The UK Financial Conduct Authority’s approach to regulatory enforcement has shifted in recent years, moving away from a broad-brush approach to one that is more selective in order to focus on “impactful deterrence”. In short, this means the FCA is …
Corporate oversight under Delaware law rests on the two bases for liability, each identified in In re Caremark International Inc. Derivative Litigation (“Caremark”) and reaffirmed in Stone v. Ritter. The first is a failure to implement any reporting …
On February 24, 2026, the SEC Division of Enforcement (“Division”) released the first updates to its Enforcement Manual (“Manual”) since 2017. The updates—which the SEC characterized as underscoring its “ongoing commitment to fairness, transparency, and efficiency in the investigations conducted …
If you know only one thing about banks and bank regulation, it’s probably encapsulated in the statement “FDIC-Insured.” For almost a century, this statement and others like it have been displayed at the entrance to every bank branch, on the …
The past year brought significant changes to the Department of Justice (DOJ) following the changeover to the new administration in late January. New DOJ leadership shifted priorities toward areas more aligned with the broader goals of the administration, including investigations …
The Paris Agreement’s commitment to aligning finance with efforts toward net-zero emissions has catalyzed an unprecedented shift in financial markets. Sustainable finance has evolved from niche to mainstream, with financial institutions increasingly incorporating environmental considerations into their decisions. By withdrawing …
On February 4, 2026, a Ninth Circuit panel affirmed in part and reversed in part the dismissal of a securities fraud action alleging that a toy company misled investors about inventory management. The panel found that while some of the …
Imagine you are the CEO of a fast-growing company that needs public capital to grow. You have a real business today, but much of your value depends on what you haven’t built yet: new products, new capacity, and a multi-year …
Good morning, ladies and gentlemen. Let me begin by thanking our FSOC hosts for convening this roundtable series and for the invitation to take part in it. I should also like to acknowledge our industry partners for joining us. Today’s …
Boards face increasingly demanding requirements for oversight. It is no longer enough to have a compliance program on paper. Regulators, courts, and investors expect boards to ensure that compliance systems function to prevent, detect, and respond to misconduct. That expectation …
On January 29, 2026, Michael S. Selig delivered his first public remarks as Chairman of the Commodity Futures Trading Commission (“CFTC”).1 Chairman Selig outlined the central pillars of his regulatory agenda for the “new frontier of finance,” highlighting regulations he …