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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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Kevin S. Haeberle

Reforming Securities Litigation and Enforcement for ESG Disclosure

By Kevin S. Haeberle April 2, 2025 by Kevin S. Haeberle

In an earlier post, I discussed my paper arguing that significant changes to the corporate-disclosure regime should trigger review of aspects of the securities-fraud regime. This is because the disclosure regime and the securities-fraud regime go hand-in-hand. So if …

Fraud-on-the-Market Liability in the ESG Era

By Kevin S. Haeberle July 29, 2024 by Kevin S. Haeberle

Fraud-on-the-market (“FOTM”) suits are thought to generate considerable benefits for society – namely, those associated with increased stock-market price accuracy and liquidity. But these suits are also said to impose exceptionally large social costs relative to even those associated with …

The Emergence of the Actively Managed ETF

By Kevin S. Haeberle July 10, 2024 by Kevin S. Haeberle

In a January 2022 law review article, I argued that (1) the actively managed ETF was set to emerge as a significant feature of the investment landscape and (2) this emergence would have important implications for the main parties that …

Fraud-on-the-Market Liability in the ESG Era

By Kevin S. Haeberle March 6, 2023 by Kevin S. Haeberle

Fraud-on-the-market (“FOTM”) suits are thought to generate considerable benefits for society – namely, those associated with increased stock-market liquidity and price accuracy. But these suits are also said to impose outsized costs. The federal courts have thus long tried to …

Marginal Benefits of the Core Securities Laws

By Kevin S. Haeberle August 10, 2020 by Kevin S. Haeberle

To many, the core securities laws on disclosure, fraud, and insider trading are desirable from an investor-protection perspective. But the dominant law and economics view is dubious of this thinking. Under this view, securities prices are discounted to reflect obstacles …

Making a Market for Corporate Disclosure

By Kevin S. Haeberle and M. Todd Henderson May 23, 2018 by Kevin S. Haeberle

Public-company information has great social value. However, it is widely thought that left to their own devices, firms will under-disclose information about their condition and prospects. This thinking is embodied in the mandatory-disclosure regime that sits at the foundation of …

Making a Market for Corporate Disclosure

By Kevin S. Haeberle and M. Todd Henderson March 7, 2017 by Kevin S. Haeberle

Mandatory disclosure sits at the foundation of modern securities regulation. Public companies must produce and share a wide variety of information about their condition and prospects, and they must do so on their own dime.

There can be little doubt …

Information-Dissemination Law: The Regulation of How Market-Moving Information Is Revealed

By Kevin S. Haeberle and M. Todd Henderson May 19, 2016 by Kevin S. Haeberle

Corporate information that moves stock-market prices has long sat at the center of modern securities regulation in the United States. The Great Depression-era securities laws at the foundation of the field require much mandatory disclosure of this type of information. …

Stock-Market Law and the Accuracy of Public Companies’ Stock Prices

By Kevin S. Haeberle March 18, 2014 by Kevin S. Haeberle

The following post comes to us from Kevin S. Haeberle, Post-Doctoral Research Scholar, Program in the Law & Economics of Capital Markets, Columbia Law School & Columbia Business School.

It is well understood that society is better off when …

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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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Bloomberg
Stablecoins Put Crypto Near Mainstream
June 15, 2025
CoinDesk
Ripple Gets Back $75 Mln in Penalties
June 15, 2025
Securities Regulation and Corporate Governance Monitor
SEC Announces Leadership Changes
June 15, 2025
Business Law Prof Blog
Update on Nevada Reincorporations
June 15, 2025
Reuters
IPO Market Bounces Back
June 12, 2025
Wall Street Journal
Lawmakers Traded as Tariffs Imposed
June 12, 2025
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Crypto Enforcement Now Up to States
June 12, 2025
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DOJ Criminal Chief Speaks on FCPA
June 12, 2025
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June 12, 2025
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U.S. Nuclear Energy Reboots
June 11, 2025
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Lawyer Richard Beattie Dies at 86
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What Can Directors Keep Private?
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SEC Says Existing Cuts Met DOGE Goal
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DOJ Focus Narrows in FCPA Cases
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Firms Face New Climate Strategy EOs
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Bloomberg
Disney Buys Comcast’s Hulu Stake
June 9, 2025
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Delaware Chancery Nixes Liability for Wholly-Owned Subsidiary’s Parent
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New York Times
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Freshfields' A Fresh Take
SEC Rethinks Foreign Private Issuers
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Deal Lawyers.com
Delaware Chancery Grants Motion to Certify Constitution Issues on SB 21
June 9, 2025
Reuters
Japan Sees Progress in U.S. Tariff Talks
June 8, 2025
Wall Street Journal
DOGE Staffers Fear Getting DOGE’d
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Bloomberg
BlackRock, Vanguard in Collusion Case
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Delaware Corporate & Commercial Litigation Blog
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Structural Antitrust Remedies Are Back
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Business Law Prof Blog
Internal Affairs Doctrine in the Hot Seat
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New York Times
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Ripple, Judge in Settlement Standoff
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Wells Fargo Allowed to Grow Again
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Crypto Security Status Gets Muddier
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Reuters
Scotus Turns Away Challenge to FINRA
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D&O Diary
Circuit Split Means PSLRA Headache
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Barron's
SEC Will Suffer Long Musk Hangover
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Reuters
SEC Takes Aim at AI Washing
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Delaware Corporate & Commercial Litigation Blog
Delaware Supreme Court Addresses Fraudulent Concealment Post-Closing
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CFIUS Boosts Foreign-Firm Enforcement
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Securities Suit Settlements Get Smaller
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Begging for Crypto Bailouts Not OK
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How Trump Attacks on Regulators Threaten Agency Independence
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Delaware Chancery OKs Unequal Payments Under Good Faith Covenant
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Business Law Prof Blog
Internal Affairs Doctrine Gets Workout
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Wall Street Journal
Oregon Puts PE Medical Deals at Risk
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Bloomberg
U.S. Asks Judge to Dismiss Criminal Charge Over Boeing 737 Max Crashes
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Appeals Court Stays Tariff Halt
May 29, 2025
The Governance Beat
Big Three Asset Managers Draw Antitrust Scrutiny over ESG Policies
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D&O Diary
Companies Struggle to Define DEI
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Bloomberg
U.S. Tightens China Chip Curbs
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New York Times
Porsche’s Tough Year Gets Tougher
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Freshfields' A Fresh Take
DOJ Charges Cartels as Terrorists
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D&O Diary
Will DOJ, SEC Be Willing to Police AI?
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Business Law Prof Blog
Nevada Moves Toward Business Court
May 28, 2025
Bloomberg
Congestion Pricing Freeze Blocked
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Reuters
U.S. Will have Golden Share in Nippon Steel’s Takeover of U.S. Steel
May 27, 2025
Wall Street Journal
Salesforce Strikes Deal for Informatica
May 27, 2025
New York Times
Southwest Airlines Sets Baggage Fee
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Reuters
Nvidia to Launch Cheaper Blackwell AI Chip for China After U.S. Export Curbs
May 26, 2025
Bloomberg
Xi Mulls New Made-in-China Plan
May 26, 2025
Wall Street Journal
Harvard Grants Move to Trade Schools?
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Dealbook
Trump Takes on Apple
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D&O Diary
Change Comes to State Corporate Laws
May 26, 2025
Bloomberg
Google Faces Antitrust Investigation Over Deal for AI-Fueled Chatbots
May 22, 2025
Wall Street Journal
Senate Votes to End California EV Law
May 22, 2025
Delaware Business Litigation Report
Delaware Chancery OKs Majority-of-Votes-Cast to Approve Share Increase
May 22, 2025
Deal Lawyers.com
Delaware Chancery Lets Dissidents Try Again on Advance Notice Bylaws
May 22, 2025
Business Law Prof Blog
Nevada Passes Corporate Law Bill
May 22, 2025
Wall Street Journal
Walmart to Cut 1,500 Jobs
May 21, 2025
Bloomberg
Disney Suspends Venezuelan Workers
May 21, 2025
Cooley M&A
The Latest on CFIUS Non-Notified Transaction Enforcement Cases
May 21, 2025
Delaware Business Litigation Report
Delaware Supremes Clarifies Forfeiture-for-Competition Clause Enforcement
May 21, 2025
D&O Diary
Forever Chemicals May Prompt Next Big Wave of Securities Lawsuits
May 21, 2025
Reuters
U.S. to Nix Biden Fuel Economy Rules
May 20, 2025
Bloomberg
Musk Commits to Tesla CEO Role
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Wall Street Journal
Google Challenges AI Search Firms
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D&O Diary
How Changes in Delaware Corporate Law Affect D&O Liability and Insurance
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Five Key Things from SEC Town Hall
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Bloomberg
DOJ Probes Coinbase Data Theft
May 19, 2025
Wall Street Journal
SEC Chair Mulls Opening Private Markets
May 19, 2025
Reuters
Nippon Steel to Invest in New U.S. Mill
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New York Times
Spain Cracks Down on Airbnb
May 19, 2025
D&O Diary
Buffett, Musk and Risks of Star CEOS
May 19, 2025
Bloomberg
Why Apple Hasn’t Cracked AI
May 18, 2025
Reuters
Boeing Near Deal to Avoid Guilty Plea
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Wall Street Journal
GM Pushes to Tank State EV Mandate
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Dealbook
Silicon Valley Bank Issues Persist
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Texas Enacts Corporate Law Reform
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