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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 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
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David Krause

Should the Rules Be Different When Prediction Markets Play Sportsbook?

By David Krause August 18, 2026 by David Krause

In August 2025, the two leading U.S. prediction market platforms processed a combined $1 billion in monthly transaction volume. By July 2026, that figure had climbed to nearly $46 billion, according to The Block Prediction Market Dashboard. That growth …

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Is the Senate Strengthening the Case for Tokenized Deposits?

By David Krause June 24, 2026 by David Krause

As the U.S. Senate continues to debate the future of stablecoin regulation, much of the discussion has focused on how to bring privately issued digital dollars within a federal regulatory framework. Yet an important question has received comparatively little attention: …

Closing the Stablecoin Yield Loophole in the Post-GENIUS Era

By David Krause January 23, 2026 by David Krause

The enactment of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act established the nation’s first federal prudential framework for “payment stablecoins,” mandating 1:1 reserve backing and explicitly prohibiting issuers from paying interest.[1] This legislative bargain was …

Cryptocurrency Markets Reveal the Price of Political Patronage

By David Krause December 5, 2025 by David Krause

In October 2025, Bitcoin experienced its largest single-day crash since the COVID-19 pandemic, a 20% decline that economist Paul Krugman attributed not to economic fundamentals but to threats against Donald Trump’s political standing. 1 Krugman’s diagnosis was stark: Bitcoin had …

The GENIUS Act and North Dakota’s Roughrider Coin: State Stablecoins and the Risk of Digital Fragmentation

By David Krause November 4, 2025 by David Krause

The enactment of the GENIUS Act of 2025 established the first comprehensive federal framework for payment stablecoins,[1] which are digital assets pegged to fiat currency and backed by reserves such as U.S. dollars or short-term Treasuries.[2] Yet embedded …

The Intersection of Cryptocurrency Regulation and Foreign Policy Is Testing Conflict-of-Interest Rules

By David Krause October 9, 2025 by David Krause

The convergence of emerging financial technologies and traditional diplomatic relations has created novel challenges for legal frameworks governing digital asset regulation and conflicts of interest in government. Recent developments involving the Trump administration, United Arab Emirates (UAE) investment entities, and …

The GENIUS Act and State-Issued Stablecoins Raise Important Issues of Federalism

By David Krause September 11, 2025 by David Krause

The enactment of the GENIUS Act of 2025 marks a watershed moment in American cryptocurrency regulation, establishing the first comprehensive federal framework for payment stablecoins.[1] Yet within this law lies a provision that may fundamentally reshape the balance between …

Do the Anti-CBDC Surveillance State Act and the GENIUS Act Jeopardize U.S. Digital Finance?

By David Krause August 11, 2025 by David Krause

In July 2025, the U.S. House of Representatives passed the Anti-CBDC Surveillance State Act (H.R. 1919), legislation prohibiting the Federal Reserve from issuing a central bank digital currency (CBDC) directly to the public.¹ Days later, President Trump signed the Guiding …

The CLARITY Act’s Unfinished Business

By David Krause July 22, 2025 by David Krause

After nearly two decades of regulatory uncertainty, digital assets stand at a critical juncture in American financial law. On July 18, 2025, President Trump signed the “Guiding and Establishing National Innovation for US Stablecoins Act,” known as the GENIUS Act, …

The GENIUS Act: Countering Criticisms and Charting a Path for Stablecoins

By David Krause June 9, 2025 by David Krause

Stablecoins have emerged as a central pillar of the digital asset ecosystem, offering a bridge between traditional fiat currencies and decentralized finance. The GENIUS Act, a stablecoin regulation proposal, is advancing with bipartisan support through the U.S. Senate.[1] Given …

U.S. Banking Agencies’ Shift Toward Crypto Integration

By David Krause May 8, 2025 by David Krause

In April 2025, the landscape of U.S. crypto regulation shifted significantly. Three of the country’s principal bank regulators – the Federal Reserve, the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) – jointly …

Should Ethereum ETFs Include Staking?

By David Krause August 8, 2024 by David Krause

The approval of Ethereum Spot Exchange-Traded Funds (ETFs) by the U.S. Securities and Exchange Commission (SEC) in May 2024 marked a significant step forward for cryptocurrency in mainstream finance (Krause, 2024). This decision followed the precedent set by Bitcoin Spot …

The Upside for Retail Investors of Ethereum Spot Exchange Traded Funds

By David Krause July 1, 2024 by David Krause

Investors and regulators are monitoring the impact of two cryptocurrency spot exchange traded funds (ETFs) approved by the SEC in 2024.[1] The Bitcoin spot ETFs, which began trading in January, have garnered substantial interest from both retail and institutional …

SEC Comment Letters for Regulation A Filings Send Quality Signals to Investors

By David Krause May 26, 2023 by David Krause

Can the tone or sentiment of an SEC comment letter provide a signal to investors about the quality of an underlying firm? In a new study, I examine that question in the context of Reg A filings.[1]

My study, …

Why Aren’t Reg A Offerings More Popular Among Small Businesses?

By David Krause April 27, 2023 by David Krause

Regulation A (Reg A) offerings were revamped under the Jumpstart Our Business Startups Act (JOBS Act) in 2012 to increase the maximum offering size of exempt securities from $5 million to $50 million.[1] However, despite this potential source of …

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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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Freshfields' A Fresh Take
Sixth Circuit Says State Regulators Can Police Prediction Markets
October 8, 2026
The Governance Beat
ISS’ Benchmark Policy Survey Results
October 8, 2026
Financial Times
Starbucks Explored Chipotle Takeover
October 8, 2026
Deal Lawyers.com
Chancery Opines on Accounting Experts for M&A Price Adjustment
October 8, 2026
Corporate & Securities Law Blog
Third Circuit Revives Fact-Specific Materiality for Securities Fraud Claims
October 8, 2026
Wall Street Journal
Lawmakers Seek Accept-Election Vows
October 7, 2026
Bloomberg
AI Czar to Visit Silicon Valley AI Firms
October 7, 2026
Financial Times
Law Firm Kirkland & Ellis Stops Disclosing Financial Performance
October 7, 2026
D&O Diary
Datavault AI Hit with Market-Manipulation-Related Securities Suit
October 7, 2026
Deal Lawyers.com
Earnouts: Reminders of Ordinary Course Covenant Weren’t Interference
October 7, 2026
Wall Street Journal
Google, Constellation Energy Strike Sweeping Nuclear-Power Deal
October 6, 2026
Dealbook
New Anthropic Challenger Emerges
October 6, 2026
Freshfields' A Fresh Take
FTC Settles Price Discrimination Lawsuit Against Southern Glazer’s
October 6, 2026
D&O Diary
Settlement Values of M&A Suits Drop
October 6, 2026
Deal Lawyers.com
Earnout Denied, Buyer Wins Damages
October 6, 2026
Reuters
New Contracts Help Boeing Turn Page
October 5, 2026
Wall Street Journal
Firms’ AI Outlay Impossible to Budget
October 5, 2026
Bloomberg
Colleges Cut Tuition Bills by $20,000
October 5, 2026
Financial Times
Reflection AI Boosts U.S. Aim to Compete With Chinese “Open” Models
October 5, 2026
D&O Diary
Ryde Hit With New Market Manipulation-Related Securities Lawsuit
October 5, 2026
Dealbook
Investors Bet on Brain-Computer Link
October 4, 2026
Financial Times
Wall Street’s IPO Fervor Cools
October 4, 2026
Deal Lawyers.com
FTC Tweaks HSR Second-Request Rule
October 4, 2026
Corporate & Securities Law Blog
Sixth Circuit Narrows Swap Definition, Nixes Sports-Betting Law Preemption
October 4, 2026
Business Law Prof Blog
What PSLRA Safe Harbor Really Means
October 4, 2026
Bloomberg
GOP Mum on Midterm Affordability
October 1, 2026
Reuters
M&A Deal Rush Fades in 3d Quarter
October 1, 2026
The Governance Beat
Tesla, Goldman Tout Retail Shareholder Voting Instruction Plans
October 1, 2026
Financial Times
Wachtell Hires Ex-SDNY U.S. Attorney
October 1, 2026
D&O Diary
New Caremark Decision Provides Good News About Bad Faith
October 1, 2026
Wall Street Journal
Walgreens Nears Sale of Britain’s Boots
September 30, 2026
The Governance Beat
BlackRock Issues 2026 Voting Report
September 30, 2026
Sidley Enhanced Scrutiny
Court: FCA’s Qui Tam Constitutional
September 30, 2026
D&O Diary
IPOs Up, SPAC Litigation Persists
September 30, 2026
Deal Lawyers.com
Delaware Supreme Court Backs Indemnity for Post-Closing Misconduct
September 30, 2026
Bloomberg
American, Alaska Air to Share Revenue
September 29, 2026
Wall Street Journal
Trump Defends Light-Touch AI Plan
September 29, 2026
Financial Times
Starbucks Cuts Green Goals, Costs
September 29, 2026
D&O Diary
Alphabet Board Hit with Privacy-Related Follow-On Derivative Suit
September 29, 2026
Deal Lawyers.com
Chancery Interprets “Change of Control” in Purchase Agreement
September 29, 2026
Bloomberg
IRS Threatens Crackdown on Array of Wall Street Tax Dodges
September 28, 2026
Dealbook
Safety Issues Could Derail AI IPOs
September 28, 2026
Financial Times
Weil in Crisis After Lawyer Departures
September 28, 2026
D&O Diary
Proxy Season 2026 Returns to Basics
September 28, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Explains Lawyer Fee Award
September 28, 2026
Bloomberg
Trump, Anthropic CEO to Meet
September 27, 2026
Wall Street Journal
NY Sues Prediction Market Polymarket
September 27, 2026
Dealbook
Clients Eye Cut of Law Firm AI Savings
September 27, 2026
Freshfields' A Fresh Take
Bank Agencies Offer Revamped Third-Party Risk Management Guidance
September 27, 2026
Financial Times
Companies Favor Cheaper “Open” AI
September 27, 2026
Wall Street Journal
MGM Resorts Eyes Diller’s People Inc.
September 24, 2026
Dealbook
AI Safety Concerns Go Global
September 24, 2026
Financial Times
PE Investment May Alter Lawyer Pay
September 24, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Expands AI Focus from Individuals to Governance
September 24, 2026
Business Law Prof Blog
What AI Tells Us About Benefit Corps.
September 24, 2026
Bloomberg
Disney+ Price Jumps 13 Percent
September 23, 2026
Wall Street Journal
Meta’s New AI Agent Is Instant Hit
September 23, 2026
Securities Litigation & Enforcement
SEC, FDA Create Info-Sharing System
September 23, 2026
Financial Times
Private Equity Ending Up in Limbo
September 23, 2026
D&O Diary
AI-Related Securities Suits Surging
September 23, 2026
Wall Street Journal
Obamacare Enrollments Cut 760,000
September 22, 2026
Financial Times
Anthropic, OpenAI Offer Cheap Models
September 22, 2026
Cleary Securities Watch
SEC End to Pay-to-Play Rule May Not Pay Off for Investment Advisers
September 22, 2026
D&O Diary
Consumer Class Actions Claim Tariffs Wrongly Passed to Customers
September 22, 2026
Deal Lawyers.com
Delaware Chancery Addresses Earnout Provision’s “Procedural Checks”
September 22, 2026
Wall Street Journal
Polymarket’s Rush Enabled Fraud
September 21, 2026
Cooley M&A
Chancery Revives Verisk Deal
September 21, 2026
Financial Times
Settlement Clears Paramount-Warner
September 21, 2026
D&O Diary
Crypto Investors Suit Skirts Dismissal
September 21, 2026
Securities Regulation and Corporate Governance Monitor
SEC Plans to Nix Shareholder Proposal Rule, Change Proxy Solicitation
September 21, 2026
New York Times
Anthropic Goes Ahead With IPO Plans
September 20, 2026
Delaware Business Litigation Report
Chancery Nixes Caremark Action
September 20, 2026
Financial Times
How Big Tech Uses Guarantees to Keep AI Exposure Off Balance Sheet
September 20, 2026
Sidley Enhanced Scrutiny
When the Meeting Minutes and the AI Transcript Don’t Match
September 20, 2026
Corporate & Securities Law Blog
SEC Grants Review of Nasdaq Minimum Listed Securities Value Rule
September 20, 2026
Bloomberg
SEC to Interview Guggenheim Staff
September 17, 2026
Cleary M&A Watch
SEC Guides on Activist Fund Disclosure
September 17, 2026
Freshfields' A Fresh Take
California Enacts a Slew of AI Laws
September 17, 2026
Financial Times
Barclays Staff Slams Return-to-Work
September 17, 2026
Business Law Prof Blog
SEC 14a-8 Rescission Proposal Is Here
September 17, 2026
Cooley M&A
KKR to Pay $250mln for HSR Violation
September 16, 2026
Dealbook
Tech Hardware Is in Vogue Again
September 16, 2026
The Governance Beat
How Shareholder Proposals Fared Over Most Recent Proxy Season
September 16, 2026
Financial Times
Rifts Over Safety at Anthropic, OpenAI
September 16, 2026
Delaware Chancery Law Blog
Delaware Court Trims an Earnout Claim
September 16, 2026
Dealbook
AI Regulation Has Strange Bedfellows
September 15, 2026
D&O Diary
The CVS Case and the Emerging D&O Risks of AI-Driven Performance
September 15, 2026
Sidley Enhanced Scrutiny
Delaware Supreme Court Reverses on Justifiable Reliance in M&A Fraud Case
September 15, 2026
Delaware Business Litigation Report
Chancery Grants Spoliation Damages
September 15, 2026
The Guardian
Private Equity Facing Existential Crisis?
September 15, 2026
Wall Street Journal
Malls Are Real Estate’s Top Performer
September 14, 2026
Delaware Business Litigation Report
Chancery Rules in Mutual Deceit Case
September 14, 2026
The Governance Beat
12 Ways AI Affects Firm Disclosure
September 14, 2026
Financial Times
Warsh and Trump on Collision Course
September 14, 2026
D&O Diary
Eighth Circuit Nixes D&O Coverage of Execs’ Personal Loan Guarantees
September 14, 2026
Bloomberg
Anthropic’s AI Warning Is Too Weak
September 13, 2026
Dealbook
A Start-Up Pay Strategy Proves Costly
September 13, 2026
The Governance Beat
Glass Lewis Outlines New Framework
September 13, 2026
Financial Times
Musk, Altman Also Back AI Slowdown
September 13, 2026
D&O Diary
Turns Out FCA Qui Tam Constitutional
September 13, 2026
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  • Business Law Prof Blog
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  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
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