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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
Editor-At-Large Reynolds Holding

The CLS Blue Lion logo Sky Blog

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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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The Dodd-Frank Act

Putting the Fall of LendingClub in Perspective

By Kathryn Judge May 10, 2016 by ilyabeylin

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 …

Professor Kate Judge Honored for Leading Corporate and Securities Law Article

April 27, 2016 by ilyabeylin

The work of Columbia Law School Professor Kate Judge appears in the list of twelve best corporate and securities law articles in 2015, based on a poll conducted by the Corporate Practice Commentator.  Teachers in corporate and securities law were …

PwC discusses Five Key Points from Basel’s Proposed Restrictions on Internal Models for Credit Risk

By Dan Ryan, Adam Gilbert, Mike Alix and Armen Meyer April 7, 2016 by ilyabeylin

Last week, the Basel Committee on Banking Supervision (Basel) proposed floors and other constraints on the use of internal models for calculating credit risk capital. The proposal aims to reduce complexity and variation in the calculation of regulatory capital among …

The SEC’s Shift to Administrative Proceedings: An Empirical Assessment

By Stephen J. Choi and Adam C. Pritchard April 5, 2016 by ilyabeylin

Congress expanded the SEC’s ability to pursue enforcement actions in administrative proceedings in the Dodd Frank Act, bringing the agency’s use of proceedings before its own administrative law judges (ALJs) into the spotlight. A number of respondents have challenged the …

Doing it the Australian Way, ‘Twin Peaks’ and the Pitfalls in Between  

By Andy Schmulow March 31, 2016 by ilyabeylin

The ‘Twin Peaks’ method of financial system regulation is widely regarded as the leading model for the regulation of a country’s financial system. Australia was the first to adopt the model in 1997, has been using it the longest, …

Notice of Opportunity: Have You Ever Thought of Entering Academia?

By Ilya Beylin March 27, 2016 by ilyabeylin

Columbia Law School is looking for an Editor-at-Large to oversee and administer the Columbia Law School Blue Sky Blog.  The Blog, now completing its third year, has grown rapidly and become one of the most read sources of current information …

Bond Market Investor Herding: Evidence From the European Financial Crisis

By Emilios C. Galariotis, Styliani-Iris Krokida and Spyros I. Spyrou March 18, 2016 by ilyabeylin

Herd behavior is a widely used notion met in different contexts and disciplines, from neurology and zoology to sociology, psychology, economics and finance. In economics and finance the term herd behavior usually suggests the process where agents tend to imitate …

The SEC’s Appointment Problem and Its Likely Solution

By David Markewitz March 18, 2016 by jbarrowscls

With the passage of Section 929P(a) of the Dodd-Frank Act in 2010, the SEC saw the largest expansion of its administrative enforcement power to date. Prior to that, SEC administrative proceedings were limited to obtaining an order enjoining violations of …

The Perils, Protections and Proliferation of Pre-IPO Options: Expanding the 4(1½) Exception to Employee Options

By Penina Moisa March 18, 2016 by jbarrowscls

Many would describe the era we are living in as a “startup bubble.” Not only has the number of startup companies increased dramatically, but many startups have also achieved record-breaking valuations. Alibaba, an e-commerce site, recently went public at a …

1 Comment  

How IOSCO Can Capitalize on the Success of its MMoU as it Strives to Achieve Global Convergence of Securities Regulations

By Janet Austin March 10, 2016 by ilyabeylin

A core focus of the activities of the International Organization of Securities Commissions (IOSCO) is to develop and work towards implementing consistent standards of securities regulation throughout the world. Another of its important goals is to enhance the enforcement capabilities …

The Consumer Financial Protection Bureau: A Five Year Retrospective

By Robert Krainer March 4, 2016 by ilyabeylin

This post provides a 5 year review and evaluation of the Consumer Financial Protection Bureau (CFPB) which was established under the Dodd-Frank Act. The Dodd-Frank Act and the CFPB were a response to the financial and economic crisis that began …

The History of Hedge Fund Regulation in the United States

By Wulf Kaal and Dale Oesterle February 29, 2016 by ilyabeylin

The hedge fund industry in the United States has evolved from a niche market participant in the early 1950s to a major industry operating in international financial markets today. Hedge funds in the United States were originally privately-held, privately-managed investment …

1 Comment  

PwC discusses Year-Ahead US Roadmap for Derivatives Regulation

By Dan Ryan, Adam Gilbert, Mike Alix and Armen Meyer February 22, 2016 by ilyabeylin

It has been three years since the first wave of registrants applied to be swap dealers (SDs) with the Commodity Futures Trading Commission (CFTC). Since then, SDs have focused on modifying their operations and building compliance programs that accommodate the …

Skadden provides SEC Rulemaking Update: A Year of Changes, With More to Come

By Brian V. Breheny, Stacy J. Kanter, Michael Ju and Kathleen A. Negri February 18, 2016 by ilyabeylin

Last year, the Securities and Exchange Commission (SEC) made major progress in completing its rulemaking mandates under the Jumpstart Our Business Startups Act (JOBS Act) and the Dodd-Frank Act. Additionally, Congress enacted the Fixing America’s Surface Transportation Act (FAST Act), …

Emerging Payment Systems and the Primacy of Private Law

By Mark Edwin Burge February 11, 2016 by ilyabeylin

One of the most far-reaching legacies of twentieth century law is the establishment of comprehensive public regulation as the norm for governance of vast swaths of commerce. The reality of persistent and rapid technological change is, however, proving fatal for …

PwC discusses Ten Key Points from Basel’s Fundamental Review of the Trading Book

By Dan Ryan, Mike Alix, Adam Gilbert and Armen Meyer February 5, 2016 by ilyabeylin

On January 14th, the Basel Committee on Banking Supervision (BCBS) published its revised capital requirements for market risk. The final standard, also known as the Fundamental Review of the Trading Book (FRTB), is intended to harmonize the treatment …

Implications of Mutual and Private Fund Convergence

By Wulf Kaal February 1, 2016 by ilyabeylin

Mutual funds are becoming more like hedge funds as a matter of investment strategy while hedge funds are becoming more like mutual funds as a matter of the regulatory framework. The growth of the private fund industry and the proliferation …

Kirkland discusses Private Fund Manager 2015 Review of Registered Investment Adviser Developments

By Robert Khuzami, Scott A. Moehrke P.C., Robert W. Pommer III, Jaime Doninger Schechter, Robert H. Sutton and Josh Westerholm January 29, 2016 by AJ

The year 2015 marked the fifth anniversary of passage of the Dodd-Frank Act and, for many private fund managers, the third anniversary of SEC registration under the Investment Advisers Act. The past year also saw a number of notable SEC …

CEO Power, Government Monitoring, and Bank Dividends

By Enrico Onali, Ramilya Galiakhmetova, Philip Molyneux and Giuseppe Torluccio January 28, 2016 by ilyabeylin

In September 2007, Northern Rock, a British bank, sought and received liquidity support from the Bank of England because of financial difficulties resulting from the global financial crisis. As a result of mounting political pressure that Northern Rock was exploiting …

Securitisation and Post-Crisis Financial Regulation

By Steven L. Schwarcz January 19, 2016 by ilyabeylin

There are few types of debt as internationally issued and traded as the debt securities issued in securitisation (in the United States, spelled securitization) transactions. European investors commonly invest in securities issued in U.S. securitisation transactions, and vice versa.

It …

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