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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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Finance & Economics

Paul Weiss Discusses the Scheduled End of LIBOR

By Susanna M. Buergel, Jessica S. Carey, Manuel S. Frey, Brad S. Karp, and Jane O'Brien April 13, 2020 by renholding

Notwithstanding numerous COVID-19-related challenges faced by market participants, UK regulators have affirmed that—at least for now—the anticipated cessation of the London Interbank Offered Rate (“LIBOR”) at the end of calendar year 2021 remains unchanged. Complying with regulators’ and working groups’ …

Are ETFs Making Some Asset Managers Too Interconnected to Fail?

By Ryan Clements April 7, 2020 by renholding

Exchange traded funds (ETFs) sit at the center of the COVID-19 crisis selloff.[1]  This isn’t surprising, since ETFs are a low-cost highly liquid vehicle for trading entire sectors, asset classes, and even global economies.  Yet the use of ETFs …

Cleary Gottlieb Discusses Fed’s Final “Stress Capital Buffer”

By Hugh C. Conroy, Allison Breault and Zachary Baum March 27, 2020 by renholding

On March 4, the Federal Reserve finalized a significant integration of its stress testing regime with its ongoing supervisory capital requirements, by introducing a new “stress capital buffer” requirement for firms subject to the Federal Reserve’s CCAR supervisory stress tests.  …

Operational Failures and Financial Crises

By Hilary J. Allen March 25, 2020 by renholding

Past financial crises have been characterized by panics, runs, and restrictions on the availability of credit, and our crisis prevention measures (including capital regulation, deposit insurance, and the lender of last resort) have been adopted in light of this historical …

Congress Should Endorse the Federal Reserve’s Extraordinary Measures

By Kathryn Judge March 24, 2020 by renholding

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  

Gibson Dunn Discusses the Coronavirus, Private Equity, and Portfolio Company Finances

By Michael Nicklin and Jamie Thomas March 24, 2020 by hdh2120

With confirmed cases of COVID-19 now in more than 50 countries and the death toll rising almost daily, experts are predicting that the situation will get significantly worse before it gets better. Concerns over the impact of the virus have …

Cleary Gottlieb Discusses New SEC Rules on Guaranteed and Collateralized Securities

By Nicolas Grabar, Katherine M. Clemens and Stephanie Fontana March 21, 2020 by hdh2120

On March 2, 2020, the SEC adopted rule changes to simplify the financial disclosures that are required when an issuer offers debt securities with guarantees.[1]  The old requirements were complex, and in some circumstances burdensome, and the utility of …

Operating Systems: How Tech Is Changing Asset Management

By Dirk A. Zetzsche, William A. Birdthistle, Douglas W. Arner and Ross P. Buckley March 20, 2020 by renholding

The impact of technology on finance (FinTech) is one of the hottest topics in business, law, and regulation, with academics and practitioners considering a host of issues that include cryptocurrencies, robo-advice, initial coin offerings, and algorithmic analyses of big data.  …

Cleary Gottlieb Discusses Fed’s Final “Stress Capital Buffer” Requirement

By Hugh C. Conroy, Allison Breault and Zachary Baum March 18, 2020 by renholding

On March 4, the Federal Reserve finalized a significant integration of its stress testing regime with its ongoing supervisory capital requirements, by introducing a new “stress capital buffer” requirement for firms subject to the Federal Reserve’s CCAR supervisory stress tests. …

Coronavirus, Systemic Risk, and Lessons from 2008

By Kathryn Judge March 16, 2020 by renholding

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 Stock Markets Are Essential at the Time of Coronavirus

By Luca Enriques March 13, 2020 by renholding

If stocks were still traded in pits, stock exchanges would have been shut down in China, Korea, Italy and possibly elsewhere a while ago. A bunch of men shouting and feverishly passing each other sheets of papers would have …

2 Comments  

Why Financial Regulation Keeps Falling Short

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

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 …

How Common Ownership Can Lead to Tax Avoidance

By Danielle Chaim February 20, 2020 by renholding

In recent years there has been a surge in research that explores the sources of variation in corporate tax avoidance. Following this stream of research, tax scholars have begun to acknowledge the potential effect of ownership patterns on firms’ tax …

1 Comment  

How Shareholder Rights Affect Firms’ Financing Decisions

By Benedikt Downar and Mario Keiling February 12, 2020 by renholding

Several decades of research have found that capital structure and financing decisions are influenced not only by market frictions such as taxes and bankruptcy costs but also by conflicts between managers and shareholders. In a new paper, we test whether …

Man versus Machine: A Comparison of Robo-Analyst and Traditional Research Analyst Investment Recommendations

By Braiden Coleman, Kenneth Merkley and Joseph Pacelli January 31, 2020 by renholding

Advancements in financial technology (FinTech) are revolutionizing product offerings across the financial services industry. As of 2018, more than $50 billion had been invested in 2,500 companies that are redefining the way in which individuals participate in financial markets (Accenture, …

Reversing the Fortunes of Active Funds

By Adi Libson and Gideon Parchomovsky January 30, 2020 by renholding

Recent years have witnessed a considerable growth of passive funds at the expense of active funds. This trend picked up in 2019, a year that saw passive funds surpass active funds in total assets under management. The continuous decline of …

Davis Polk Offers Financial Institutions Enforcement Update

By Greg Andres, Martine Beamon, Robert Cohen, Neil MacBride and Paul Nathanson January 28, 2020 by renholding

To assist legal and compliance officers of financial institutions, this memorandum summarizes key recent developments in criminal prosecutions and regulatory enforcement actions involving financial institutions during November and December 2019.

Among the significant matters and trends:

  • The last two months
…

Contracts of Inattention

By Marcel Kahan and G. Mitu Gulati January 23, 2020 by renholding

Bloomberg’s multi-talented Matt Levine recently wrote:

One of my favorite recent stories in bond documents is the one about how private equity firms changed a sentence in bond documents, which usually says that companies can’t make restricted payments if “a …

Davis Polk Discusses FSOC’s Shift to an Activities-Based Approach

By Annette Nazareth, Margaret Tahyar and Randy Guynn January 22, 2020 by renholding

The Financial Stability Oversight Council’s (FSOC) recently revised guidelines (the 2019 Guidelines)[1] on how it will identify and address financial stability risks are a major shift from the guidelines it issued in the immediate aftermath of …

Wachtell Lipton Offers Acquisition Financing Year in Review: The Decade of Debt

By Eric M. Rosof, Josh A. Feltman, Gregory E. Pessin, Michael S. Benn, John R. Sobolewski and Emily D. Johnson January 17, 2020 by renholding

2019 was another strong year for corporate borrowers, continuing a decade-long run marked by historically low interest rates and strong credit markets.  Over the last 10 years, total U.S. corporate bonds outstanding rose from $6 trillion to nearly $10 trillion, …

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