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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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Bloomberg
Xi Rare Earth Move Gives Trump Chance
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New York Times
J&J Sued in UK Over Baby Powder
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Reuters
SEC 2025 Enforcement in Retrospect
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Cointelegraph
SEC’s Atkins: 10-Year US Lag on Crypto
October 16, 2025
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PCAOB to Cut Board Pay 20 Percent
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Securities Suit Defense Faces Trouble
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Bloomberg
SEC Chair Eyes Shareholder Proposals
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Reuters
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Reuters
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Sidley Enhanced Scrutiny
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Law.com
SEC Facing Backlogs After Furloughs
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Bloomberg
Fears of Trillion-Dollar AI Bubble Grow
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Reuters
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Cooley M&A
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OpenAI, AMD Ink Massive Chip Deal
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Cleary M&A Watch
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Freshfields' A Fresh Take
FTC Challenges Zillow-Redfin Deal
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Chancery Lets Fiduciary Duty Claims Proceed in Microsoft-Activision Deal
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Bitcoin Crosses Fresh Record High
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Wall Street Journal
Startups Eating Big Food’s Lunch
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Reuters
Trump Eyes Greenland Rare-Earth Firm
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D&O Diary
Delaware Chancery M&A Suit Settlements Rise in Number and Value
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Second Circuit Securities Decision May Suggest PSLRA Went Too Far
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Delaware Business Litigation Report
Delaware Supreme Court Reverses Chancery Dismissal of Rule 60(b) Claim
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How EU, California AI Acts Overlap
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Securities and Exchange Commission
Prophecy Asset Mgmnt Sued for Fraud
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Reuters
Judge Nixes NFT Artist Suit Against SEC
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Reuters
Judge Keeps SEC Twitter Suit in DC
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Yahoo Nears AOL Sale for $1.4 Billion
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Automakers Extend $7,500 EV Discount
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Securities Regulation and Corporate Governance Monitor
How Shutdown Affects SEC Operations
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Chancery Says Late Statement Doesn’t Waive Post-Closing Adjustment
October 1, 2025
Bloomberg
Pfizer Gets Three-Year Tariff Reprieve
September 30, 2025
Wall Street Journal
Boeing Starts on 737 MAX Replacement
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Reuters
AstraZeneca’s U.S. Listing May Pull Other Companies from London
September 30, 2025
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Bankruptcy Statistics Prompt Worry
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Atkins Touts SEC-CFTC Crypto Work
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Google Settles Trump Suit for $24.5 Mln
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Javice: 7 Years for Fraud on JPMorgan
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Dealbook
EA’s $55 Bln Buyout Is Biggest Ever
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The Governance Beat
Texas Probes ISS, Glass Lewis on ESG
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Financial Times
Let Market Set Reporting Frequency
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Bloomberg
EA Buyout Talk Highlights Gaming Fall
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Reuters
Boeing Settles Wrongful-Death Suit
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Wall Street Journal
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Autos Flash US Economy Warning Sign
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Dealbook
Germany Woos Indian Workers US Scared
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SEC Case Tests Private Fund Managers
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MSNBC
Comey Indictment Expected Soon
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Bloomberg
Intel Seeks Investment From Apple
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Trial Lawyers Breaking Up With Big Law
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ExxonMobil Files Solicitation Materials for Retail Opt-In Voting Program
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SEC: Online RadioShack a Ponzi Scheme
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Sinclair, Nexstar Won’t Air Kimmel
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Chancery Partially Vacates Expert’s Findings in Acquisition Price Dispute
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Dealbook
New Meta PAC Aims to Boost AI
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Bloomberg
No Quarterly Reports Portends Shakeup
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SEC Chief Seeks Crypto Rule Exemption
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IPOs Revive, Private Market Still Soars
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Reuters
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Treasury Boss Hints at Argentina Rescue
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New York Times
H-1B Visa Tiff Roils Firms, Geopolitics
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Killing Quarterly Reports Is a Bad Idea
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Bloomberg
SEC Drops Allen Stanford-Related Case
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Delaware Corporate & Commercial Litigation Blog
Chancery: Personal CEO Data Irrelevant
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Deal Lawyers.com
How Big Beautiful Bill Affects M&A
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Business Law Prof Blog
Texas Puts Culture Over Governance
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Wall Street Journal
California Seeks End to Oil Firms Exit
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Bloomberg
FTC Sues Ticketmaster, Live Nation Over Ticket Resales
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Reuters
Nvidia Takes $5 Billion Stake in Intel
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Delaware Business Litigation Report
Delaware Chancery Dismisses Suit for Failure to Claim Demand Futility
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MSN
Ex-SEC Chair Warns Twice-a-Year Reporting Will Make Markets Volatile
September 18, 2025

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