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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
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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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Kathryn Judge

The Decentralized Federal Reserve

By Kathryn Judge and Lev Menand May 27, 2025 by Kathryn Judge

The U.S. Federal Reserve is 12 banks, not one. Each serves a different region of the country and brings insights from that region into the process of formulating nationwide monetary policy. Each also provides a variety of banking services to …

Reforming the Macroprudential Regulatory Architecture in the United States

By Kathryn Judge and Anil Kashyap July 26, 2021 by Kathryn Judge

When the COVID-19 pandemic shuttered major economies in March 2020, it also wreaked havoc on financial markets. In the first few weeks of March, investment-grade corporate bonds lost roughly a fifth of their value, on par with the declines in …

Stress Testing During a Pandemic

By Kathryn Judge June 26, 2020 by Kathryn Judge

Yesterday, the Federal Reserve announced the results of its annual stress tests. This was the first time since 2009 that the Fed had stress tested large banks during a period of systemic distress. In a new paper, Stress Testing During …

How Banks and Fintechs Can Help Small Businesses Survive COVID-19

By Todd H. Baker and Kathryn Judge April 16, 2020 by Kathryn Judge

Small business assistance has been a central focus of the government’s response to the COVID-19 crisis, and for good reason. Small businesses underlie the vitality of our neighborhoods, spark innovation, and employ almost one-half of the U.S. workforce. In a …

Congress Should Endorse the Federal Reserve’s Extraordinary Measures

By Kathryn Judge March 24, 2020 by Kathryn Judge

The rapid spread of Covid-19 and massive change in behavior required to curb it have transformed the trajectory of the world’s economy.  Just a few short weeks ago, the United States was basking in the longest period of sustained economic …

1 Comment  

Coronavirus, Systemic Risk, and Lessons from 2008

By Kathryn Judge March 16, 2020 by Kathryn Judge

The greatest single-day decline in the stock market this century, widespread fear and uncertainty, shuttered schools, an end to large gatherings everywhere from NBA games to the South by Southwest festival – these are just a few of the signs …

1 Comment  

Why Financial Regulation Keeps Falling Short

By Dan Awrey and Kathryn Judge February 25, 2020 by Kathryn Judge

Modern finance is fast moving, extremely complex, and contributes to pervasive unknowns. Yet the processes governing how finance is regulated are typically slow, highly deliberative, and often reflect deeply ingrained and incredibly optimistic assumptions about our ability to understand the …

Why We Need a Guarantor of Last Resort

By Kathryn Judge May 15, 2019 by Kathryn Judge

More than a decade has passed since the worst of the 2007-2009 financial crisis.  In that time, we have learned that some of the gravest consequences of the crisis were not the economic fallout, but the political backlash it triggered.  …

The Deregulation Debate: The Challenge of Using Static Rules to Govern a Dynamic System

By Kathryn Judge September 18, 2018 by Kathryn Judge

In their lively disagreement about the role of deregulation in contributing to the 2007-2009 financial crisis, professors Arthur Wilmarth and Paul Mahoney inadvertently illuminate why the processes through which finance is regulated are so ill-suited to that purpose.  Finance is …

Lehman Brothers: How Good Policy Can Make Bad Law

By Kathryn Judge September 11, 2018 by Kathryn Judge

As we approach the 10-year anniversary of the failure of Lehman Brothers, the news is again awash in a debate about whether policymakers could have saved the investment bank.  That the issue remains so deeply contested reflects how fundamentally flawed …

Taking Investor Preferences Seriously

By Kathryn Judge July 11, 2018 by Kathryn Judge

Over the last half century, finance has made remarkable progress explaining the pricing of financial assets.  In relying on portfolio theory, however, mainstream pricing models tend to ignore investor preferences for certain asset types.  This is a mistake.  In a …

Visionaries and Pragmatism in Financial Regulation

By Kathryn Judge November 29, 2017 by Kathryn Judge

In a world of “alternative facts” and political rhetoric crafted to mislead, it is easy to forget that idealized visions can at times illuminate more than they obfuscate.  In a book review recently published in Harvard Law Review and available …

Understanding Runs in the Shadow Banking System

By Kathryn Judge December 5, 2016 by Kathryn Judge

There are two established explanations for bank runs: coordination problems among depositors and information asymmetries between bank managers and depositors.  In a new paper, “Information Gaps and Shadow Banking,” forthcoming in the Virginia Law Review and available here, I …

2 Comments  

Putting the Fall of LendingClub in Perspective

By Kathryn Judge May 10, 2016 by Kathryn Judge

On Monday, LendingClub Corp., a leader in the growing online lending space, announced the surprise resignation of its founder and CEO, Renaud Laplanche.  Laplanche resigned in response to a board investigation that revealed a number of internal control failures, including …

Intermediary Influence in Action: Focusing on the Core

By Kathryn Judge November 9, 2015 by Kathryn Judge

Is “intermediary influence” all that unique? Can it be isolated? And how much harm really results? These are among the questions Professor Lawrence Cunningham poses in his thoughtful essay and recent post responding to my work on how intermediaries alter …

Was Bernanke Courageous?

By Kathryn Judge October 20, 2015 by Kathryn Judge

As reflected in the title of the new memoir by Former Federal Reserve Chairman Ben Bernanke, The Courage to Act: A Memoir of a Crisis and Its Aftermath, Bernanke clearly believes that he and other Fed policymakers demonstrated exceptional …

A Different Take on the AIG Case: The Dangers of Invoking 19th Century Principles to solve 21st Century Problems

By Kathryn Judge June 23, 2015 by Kathryn Judge

Bagehot, as in Walter Bagehot, was mentioned no less than seven times in the decision splitting the baby in the AIG trial.[1]   A nineteenth century British commentator, Bagehot was among the first to recognize that too little liquidity could …

Just How Scary is the Fed?

By Kathryn Judge January 22, 2015 by Kathryn Judge

“There is an old saw that the Fed chair is the second most powerful person in government. In the aftermath of the financial crisis, that may actually be an understatement.” Nicholas Lemann, The New Yorker:

America has a long …

The Long Arm of Financial Intermediaries

By Kathryn Judge September 4, 2014 by Kathryn Judge

Why haven’t the significant financial and technological innovations of the past thirty years substantially decreased the cost of financial intermediation?  What explains the ever-increasing complexity of financial products and markets?  Why do so many investors hold actively managed mutual funds …

1 Comment  

The Crisis: The More We Know, The Less We Understand

By Kathryn Judge July 30, 2014 by Kathryn Judge

With the stock market regularly surpassing record highs, housing prices surging 13.6 percent in 2013 alone, and unemployment down to 6.7 percent, it is easy to forget just how dire the economic outlook appeared just five years ago. It is …

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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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Delaware Business Litigation Report
Delaware Chancery Rules in Nonstock Corporation’s Board Removal Case
December 21, 2025
D&O Diary
Securities Lawsuits Related to Data Breaches Hit Two Tech Companies
December 21, 2025
Wall Street Journal
PCAOB to Cut Chair’s Pay by Over Half
December 21, 2025
Securities and Exchange Commission
FTX Consent Judgments Reached
December 21, 2025
Business Law Prof Blog
Musk Pay Ruling Is Politically Expedient
December 21, 2025
New York Times
BP CEO Exits, New Boss Named
December 18, 2025
Freshfields' A Fresh Take
SEC Retires Rigid Compliance System
December 18, 2025
SEC Sentinel
SEC Engages in a Flurry of Activity
December 18, 2025
Lexology
SEC Cybersecurity Rules Taking Effect
December 18, 2025
FactSet
M&A Deal Activity Dropped Last Month
December 18, 2025
New York Times
Warner Bros: Ellisons Misled Investors
December 17, 2025
Bloomberg
Amazon Names New AI Chief
December 17, 2025
D&O Diary
Digital Ad Analytics Firm Hit With Securities Suit for Understating AI Risk
December 17, 2025
Securities and Exchange Commission
California Spoofing Case Settles
December 17, 2025
Cooley M&A
Beware M&A Deal Jumping
December 17, 2025
Wall Street Journal
Travel Ban to Cover More Countries
December 16, 2025
Bloomberg
Warner Bros to Reject Paramount Bid
December 16, 2025
Delaware Business Litigation Report
Chancery Nixes Fraud, Aiding-Abetting Claims Against Seller, Controller
December 16, 2025
Dealbook
New Data Won’t Settle Rate Debate
December 16, 2025
D&O Diary
Are ESG Shareholder Proposals Over?
December 16, 2025
Delaware Business Litigation Report
Chancery Nixes Challenge to Voting Agreement in Director Removal Case
December 15, 2025
Dealbook
SpaceX May Soon Launch an IPO
December 15, 2025
D&O Diary
U.S. Brings Criminal Tariff Evasion Enforcement Action
December 15, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Strikes Affirmative Defense of Fraudulent Inducement
December 15, 2025
Deal Lawyers.com
Bandera Fund Case Back in Chancery
December 15, 2025
Business Law Prof Blog
Trump Takes Aim at Proxy Advisers
December 14, 2025
D&O Diary
Does Issuance of Stock to Settle a Shareholder Suit Constitute “Loss”?
December 14, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Affirms High Bar for Challenging Advance Notice Bylaws
December 14, 2025
Bloomberg
Bill Would Force SEC Disclosure of Stock Trades by Foreign Insiders
December 14, 2025
New York Times
Trump Arrives, SEC Retreats on Crypto
December 14, 2025
Bloomberg
More Corporate Tax Breaks Coming
December 11, 2025
Delaware Business Litigation Report
Delaware Supreme Court OKs Amazon Investor Push for Antitrust Probe
December 11, 2025
New York Times
Do Kwon Sentenced to 15 Years
December 11, 2025
The Governance Beat
Defense Bill to Impose Section 16 Obligations on Foreign Private Issuers
December 11, 2025
D&O Diary
Securities Litigation Risk on the Rise
December 11, 2025
Bloomberg
OCC Accuses Nine Banks of Debanking
December 10, 2025
Delaware Business Litigation Report
Chancery Dismisses Claims for Breach of Fiduciary Duty Due to Release
December 10, 2025
New York Times
How AI and Dot-Com Booms Differ
December 10, 2025
Yahoo Finance
SEC Chair to “Futureproof” Crypto Regs
December 10, 2025
Deal Lawyers.com
Delaware Supreme Court Affirms Two Chancery Court Decisions on M&A
December 10, 2025
Dealbook
Nvidia Can Sell More Chips to China
December 9, 2025
Politico
SEC’s Crenshaw Fears Coming Pain
December 9, 2025
Bloomberg
PCAOB Picks Face More SEC Delay
December 9, 2025
Deal Lawyers.com
Tidbits from Paramount’s Warner Offer
December 9, 2025
Business Law Prof Blog
Paramount Warner Bid Not So Hostile
December 9, 2025
Wall Street Journal
Berkshire Hathaway Shuffles at Top
December 8, 2025
Reuters
Paramount Goes Hostile on Warner Bros
December 8, 2025
Securities and Exchange Commission
Money Manager Poseur Hit for Fraud
December 8, 2025
Bloomberg
Immigration Rules Becoming Deal Focus
December 8, 2025
Corporate & Securities Law Blog
Delaware Chancery Says Execs’ Misconduct Not Always Loyalty Breach
December 8, 2025
The Governance Beat
Glass Lewis Updates Benchmark Policy
December 7, 2025
D&O Diary
SEC Group Guides on AI Disclosure
December 7, 2025
SEC Sentinel
SEC Issues 2026 Examination Priorities
December 7, 2025
Delaware Business Court Insider
Firms Fare Well in Entire Fairness Trials
December 7, 2025
Business Law Prof Blog
SEC Mulls New Anti-Proxy Adviser Plan
December 7, 2025
Wall Street Journal
AI Threatens the Billable Hour
December 4, 2025
Reuters
Netflix Tops Warner Bros. Bids
December 4, 2025
New York Times
Kalshi Prediction Market Raises $1 Bln
December 4, 2025
Fox News
SEC Ups Chinese Firm Scrutiny in U.S.
December 4, 2025
Bloomberg
Virtu to Pay $2.5 Million in SEC’s Client Trading Data Case
December 4, 2025
Wall Street Journal
Trump Lowers Fuel Economy Rules
December 3, 2025
D&O Diary
SEC Chair: Make IPOs Great Again
December 3, 2025
Dealbook
SEC Loses Lone Democratic Voice
December 3, 2025
Bloomberg
SEC Earnings Fraud, Audit Cases Plunge
December 3, 2025
Deal Lawyers.com
Delaware Chancery Rejects Fraud on Board Claims, Applies Corwin to Sale
December 3, 2025
Bloomberg
Comcast Bid Seeks to Merge NBCUniversal With Warner Bros.
December 2, 2025
Delaware Business Litigation Report
Chancery Dismisses Challenge to Real Estate Investment Fund Capital Call
December 2, 2025
D&O Diary
Big AI Investments Mute Tariff Impact
December 2, 2025
Law.com
SEC Closes New Fyre Festival Probe
December 2, 2025
Securities Regulation and Corporate Governance Monitor
California Says It Will Not Enforce Climate-Related Risk Reporting Law
December 2, 2025
Bloomberg
Trump Commutes Sentence of GPB Capital Founder David Gentile
December 1, 2025
Wall Street Journal
Court Upholds U.S. Attorney Ouster
December 1, 2025
Reuters
Airbus Hit With New A320 Problem
December 1, 2025
Dealbook
OpenAI Takes Stake in Thrive Holdings
December 1, 2025
Reuters
Black Friday Sales Hit Record High
November 30, 2025
D&O Diary
Delaware Legal Fee Awards Excessive?
November 30, 2025
Bloomberg
SEC Power to Recoup Illegal Profits at Risk as Supreme Court Eyes Case
November 30, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Finds Waiver of Privilege Despite Inadvertent Disclosure
November 30, 2025
Business Law Prof Blog
“In Connection With” Strikes Again
November 30, 2025
Cleary M&A Watch
Court Blocks California Climate Rules
November 25, 2025
Dealbook
Fed, Big Tech Lift Investors’ Spirits
November 25, 2025
Wall Street Journal
Four Apple Executives Are Top Contenders to Succeed CEO Tim Cook
November 25, 2025
Reuters
Alphabet Nears $4 Trillion Market Value
November 25, 2025
Bloomberg
Hassett Emerges as Fed Frontrunner
November 25, 2025
Wall Street Journal
U.S. to Skip Publication of Initial Third-Quarter GDP Estimate
November 24, 2025
Bloomberg
Comey, James Charges Dismissed
November 24, 2025
Freshfields' A Fresh Take
OFAC Sanctions Colombia’s President
November 24, 2025
Cooley Securities Regulation
SEC Chair Offers Vision for Crypto Regs
November 24, 2025
Corporate & Securities Law Blog
Delaware Courts Limit Noncompete Enforcement in Incentive Plans
November 24, 2025
Dealbook
UK Daily Mail Owner to Buy Telegraph
November 23, 2025
Corporate Governance
SEC Posts First “Reasonable Basis” Notice for Pending No-Action Request
November 23, 2025
Cleary Enforcement Watch
SEC 2026 Exam Priorities Change Little
November 23, 2025
Financial Times
Make Insider Trading Thing of the Past
November 23, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Levies Fees for Lack of Candor Causing Discovery Abuses
November 23, 2025
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