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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 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

What Factors Affect Global Investment in Private Equity?

By Serdar Aldatmaz, Gregory W. Brown and Asli Demirgüç-Kunt October 6, 2020 by renholding

Since the1990s, global investment in private equity has increased from under $10 billion per year to well over $100 billion. Over the same period, there has also been a shift from public markets in major economies like the U.S. and …

Equity Index Futures: A Mature Market with Unresolved Regulatory Challenges

By Lynn Bai October 5, 2020 by renholding

Equity index futures are futures contracts written on equity indices such as the S&P 500 or the Dow Jones Industrial Average. Deriving values from the underlying indices, index futures offer expedience to investors interested in a broad economic sector or …

Modernizing the Bank Charter

By David Zaring September 24, 2020 by renholding

In my new article, Modernizing the Bank Charter, I take a look at the actual practice of regulators when deciding whether to license a bank – or a fintech – and thereby afford them both the burdens and the …

1 Comment  

Latham & Watkins Discusses CFTC No-Action Relief on IBOR Transition

By Yvette D. Valdez, Adam Bruce Fovent and J. Ashley Weeks September 18, 2020 by snehapandya

On August 31, 2020, three divisions of the US Commodity Futures Trading Commission (CFTC) issued revised no-action letters providing additional relief to swap dealers (SDs), end users, and other market participants from registration requirements; business conduct standards; uncleared swap margin …

Morrison & Foerster Discusses Publicly Traded Public Benefit Corporations

By Alexa Belonick, Susan H. Mac Cormac and Alfredo B. D. Silva September 16, 2020 by Nisha Chandra

In 2013, Delaware passed legislation adopting a new corporate form, the public benefit corporation (PBC), with a view to allowing directors of for-profit corporations to take actions not just in pursuit of stockholder returns, but also with the “[intent] to …

How Managers’ Ability to Gather Information Can Affect the Value of Conservative Accounting

By Christian Laux and Volker Laux August 21, 2020 by renholding

Academics and practitioners, including lawyers, emphasize the importance of conservative accounting to lenders and corporate boards, allowing them to intervene and take corrective actions at an early stage. However, conservative accounting may also increase the risk of false alarms and …

Fed Governor Brainard Offers an Update on Digital Currencies

By Lael Brainard August 21, 2020 by renholding

It is a pleasure to participate in San Francisco’s Innovation Office Hours. The Federal Reserve Bank of San Francisco is a leader of our engagement with the tech community. And the Federal Reserve’s Innovation Office Hours serve as an important …

Public Disclosure and Consumer Financial Protection

By Yiwei Dou and Yongoh Roh August 17, 2020 by renholding

The 2008 financial crisis triggered a surge of interest in regulating consumer financial markets. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 created the Consumer Financial Protection Bureau (CFPB) to safeguard consumer interests. Since 2011, the CFPB …

Skadden Discusses CFTC’s Final Cross-Border Swaps Rule

By Joseph Vebman, Mark D. Young, Jonathan Marcus and Daniel B. O'Connell August 14, 2020 by renholding

On July 23, 2020, the Commodity Futures Trading Commission (CFTC or Commission) voted 3-2 to approve a final rule (Final Rule) on the cross-border application of certain swap provisions under the Commodity Exchange Act (CEA).1 The Final Rule represents a …

ResTech: Innovative Technologies for Crisis Resolution

By Giuseppe Loiacono, Alessandro Mazzullo and Edoardo Rulli July 30, 2020 by renholding

The increasing use of financial technologies (FinTech) by market participants has fostered a discussion among public authorities on the use of similar technologies for regulatory (RegTech) and supervisory (SupTech) purposes. Innovative technologies could also be applied to crisis resolution: the …

Exequity Discusses S&P 500 Companies’ Use of “Relative Total Shareholder Return”

By Ben Burney July 24, 2020 by renholding

The economic consequences of the COVID-19 pandemic have upended countless budgets for 2020 and rendered long-term forecasts speculative at best. By now, most companies providing financial guidance have withdrawn it. Uncertainty abounds.

All the while, investors, proxy advisors, and other …

Bank-Fintech Partnerships, Outsourcing Arrangements, and the Case for a Mentorship Regime

By Luca Enriques and Wolf-Georg Ringe July 22, 2020 by renholding

Fintech firms, once perceived as disruptors of the traditional banking industry, are now increasingly seen as attractive partners for established financial institutions. Partnership arrangements between banks and new financial technology startups have therefore mushroomed over the last several years. Such …

Regulations as Automatic Stabilizers During Crises

By Xi Wu July 16, 2020 by renholding

Even in the best of times, corporate leaders gripe about the cost of government regulations. An average hedge fund spends more than 7 percent of its total operating costs on various forms of compliance.[1] For the banking industry, compliance  …

Financial Markets and News About the Coronavirus

By Harry Mamaysky July 14, 2020 by renholding

From its February 2020 peak to a March 2020 trough, the S&P 500 index fell 34 percent.  This fall was accompanied by extreme volatility, at a level last seen during the global financial crisis.  Invariably the selloff was accompanied by …

Paul Weiss Discusses Transition from LIBOR to Alternative Reference Rates by End of 2021

By Mark S. Bergman, Jessica S. Carey, Manuel S. Frey, Brad S. Karp and Jane B. O'Brien July 14, 2020 by renholding

Notwithstanding the impact of COVID-19 on the global economy and market participants, from the perspective of regulators, working groups and industry leaders, the anticipated cessation of the London Interbank Offered Rate (“LIBOR”) remains the end of calendar year 2021.[1]…

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Fed Vice Chair Quarles Speaks on Post-Pandemic Reforms and Too-Big-to-Fail

By Randal K. Quarles July 9, 2020 by renholding

Good afternoon ladies and gentlemen. I would like to thank the Exchequer Club for hosting this event, and I look forward to future events taking us back to the luncheon discussions at the Mayflower Hotel, as has been the club’s

…

Stress Testing During a Pandemic

By Kathryn Judge June 26, 2020 by renholding

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 …

Cleary Gottlieb Discusses OCC’s Proposed Updates to Digital Banking, Bank Activity Rules

By Hugh C. Conroy Jr. and Zachary Baum June 18, 2020 by renholding

On June 4, the Office of the Comptroller of the Currency published a Proposal to update rules applicable to the activities and operations of national banks and Federal savings associations.  Comments on the Proposal are due August 3.  Simultaneously with …

Cleary Gottlieb Discusses Fed’s Main Street Lending Program

By Katherine Mooney Carroll, Hugh C. Conroy, Duane McLaughlin, Derek Bush and Zachary Baum June 8, 2020 by renholding

On May 28, the Federal Reserve published the structural and operational details of the Main Street Lending Program, releasing program documentation and updated FAQs.  These documents are the final remaining pieces before the facilities open.  Last week’s publication brings the …

The Limits of the G20’s Debt Service Suspension Initiative

By Alexander Nye and June Rhee June 1, 2020 by renholding

As of May 1, G20’s Debt Service Suspension Initiative (DSSI) for 76 International Development Association (IDA) countries and least developed countries (LDCs) has become operational. However, it remains unclear whether private-sector creditors will collaborate on such efforts for those countries, …

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