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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

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 …

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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, …

Artificial Intelligence, Finance, and the Law

By Tom C.W. Lin January 8, 2020 by renholding

The progress and promise realized and presented by artificial intelligence in finance has been remarkable.  It has made finance cheaper, faster, larger, more accessible, more profitable, and more efficient in many ways.  Yet for all the significant progress and promise …

The Future of the Large Law Firm: Growth, Mergers, and Inequality

By John C. Coffee, Jr. January 6, 2020 by renholding

By last count, there are now 29 U.S. law firms with at least 1,000 lawyers.[1]  In a few weeks, this number should rise to 32, primarily as the result of mergers.[2] My prediction is that this number will …

Sullivan & Cromwell Discusses FSOC Changes to Nonbank SIFI-Designation Guidance

By Marion Leydier, William Torchiana, Samuel Woodall, Roderick Gilman and Jeremy Knobel January 6, 2020 by renholding

On December 4, 2019, the Financial Stability Oversight Council (the “Council”) voted unanimously to finalize amendments to its interpretive guidance (the “Final Guidance”) on designating nonbank financial companies as “systemically important financial institutions” (“SIFIs”).…

Do Private Equity Managers Raise Funds on (Sur)real Returns?

By Niklas Huether December 10, 2019 by renholding

The private equity industry has become the target of calls for more regulation, with critics and academics concerned that net asset values (NAVs) are inflated around periods of fundraising, particularly in the case of low-reputation funds. These calls are predicated …

Reaching for Yield and the Diabolic Loop in a Monetary Union

By Sabri Boubaker, Dimitrios Gounopoulos, Duc Khuong Nguyen and Nikos Paltalidis December 6, 2019 by renholding

One of the repercussions of the housing market collapse in the U.S. in 2007 was global anxiety about excess leverage, debt repayment, and overall credit conditions. Risk-pricing levels increased abruptly for highly indebted countries, making new borrowing to refinance debt …

Insider Trading and Macroeconomic Risk

By Alessandro Romano December 4, 2019 by renholding

In a new article, I use network theory to show that there is a hidden link between insider trading and macroeconomic risk.  I suggest that current laws on insider trading increase the level of macroeconomic risk for the economy, and …

Fed Governor Discusses Why Climate Change Matters for Monetary Policy and Financial Stability

By Lael Brainard November 25, 2019 by Avesh Krishna

I want to thank my colleagues at the Federal Reserve Bank of San Francisco, especially Mary Daly, Galina Hale, Òscar Jordà, and Glenn Rudebusch, for organizing this research conference.1 The presentations today provide important insights into the many important

…

Stablecoins in Cryptoeconomics: From Initial Coin Offerings to Central Bank Digital Currencies

By Marco Dell’Erba November 15, 2019 by renholding

In a recent article, I highlight the links among initial coin offerings (ICOs), cryptocurrencies, stablecoins, and central bank digital currencies (CBDCs).  Although these entities exist in different contexts (securities law and capital formation, payment systems, monetary policy), they are intertwined …

Improving Economic Policies for the American Territories

By Tom C.W. Lin November 8, 2019 by renholding

On October 15, 2019, the U.S. Supreme Court heard oral arguments in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, a case that centers on the constitutionality of the appointment process for the members of the …

Welcome to Vilnius: Regulatory Competition in the EU Market for E-Money

By Luca Enriques November 4, 2019 by renholding

If you google “Lithuania e-money,” the auto-fill function will suggest that you search for ”Lithuania e-money license.” If you accept the tip, the first result will be Ecovis, which describes itself as “the most experienced finance institution and FinTech licensing …

Does Litigation Encourage or Deter Real Earnings Management?

By Sterling Huang, Sugata Roychowdhury and Ewa Sletten October 31, 2019 by renholding

Securities class actions may deter financial misreporting and flawed disclosure, but how effective are they at deterring managers from taking actions that sacrifice long-term value for higher profits? In a recent paper, we uncover a novel mechanism that extends the …

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