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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

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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

The Unwise and Illegal Deregulation of Prudential Financial

By Jeremy C. Kress November 26, 2018 by renholding

On October 18, federal regulators released the largest U.S. insurance group, Prudential Financial, Inc., from enhanced government oversight.  Prudential had been the last remaining systemically important financial institution (SIFI)—a designation Congress created in the Dodd-Frank Act for nonbank financial companies …

Wachtell Lipton Discusses Default Activism in the Debt Markets

By Steven A. Cohen, Joshua A. Feltman, Emil A. Kleinhaus and John R. Sobolewski November 26, 2018 by renholding

We have recently seen an increase in contentious disputes, some public and many not, between companies and their debt investors.  Clashes between borrowers and their lenders are as old as debt itself, but what we are seeing now is something …

The Operating Returns to Acquired Intangible Assets

By John M. McInnis and Brian Monsen November 15, 2018 by renholding

Accounting rule makers have long debated whether companies should recognize intangible assets on their balance sheets. At the heart of this debate is whether recognized values can predict future income and cash flows, or whether the high degree of measurement …

Investor-Paid Credit Ratings and Conflicts of Interest

By Leo Tang, Marietta Peytcheva and Pei Li November 14, 2018 by renholding

Credit ratings provide information regarding a company’s default probability.  Ratings are relied upon extensively in regulation and private contracting and play a crucial role in the functioning of the capital markets.  However, since the major credit rating agencies (CRAs) operate …

The Identity Challenge in Finance

By Douglas W. Arner, Dirk A. Zetzsche, Ross P. Buckley and Janos N. Barberis November 12, 2018 by renholding

Identity is fundamental in finance. At a time when huge TechFins like Amazon are making inroads into the financial services industry, major questions are arising as to the most effective methods of customer identification and meeting Know Your Customer obligations …

Do Public and Private Firms Invest Differently?

By Laura Kawano, Elena Patel and Nirupama Rao November 2, 2018 by renholding

Equity markets are an important source of capital financing for firms, particularly in the United States. These large, liquid markets channel capital from savers to firms and facilitate corporate investment by distributing risks among many smaller investors. There is concern, …

Paul Weiss Discusses New Trends in Private Equity Transactions

By Paul, Weiss, Rifkind, Wharton & Garrison October 25, 2018 by renholding

The private equity market is more competitive than ever.  Target company multiples have skyrocketed due to both a robust strategic acquisition market, and stiff competition from PE buyers as they vie with one another to deploy $1 trillion in dry …

Split Derivatives: Inside the World’s Most Misunderstood Contract

By Dan Awrey October 1, 2018 by renholding

Derivatives are the “bad boys” of modern finance: exciting, dangerous, and fundamentally misunderstood.  Their supporters defend them as important instruments for measuring, managing, and transferring risk, enhancing both the efficiency and resilience of the financial system.  Their critics label them …

Debevoise Discusses OCC Efforts to Modernize Community Reinvestment Act Regulations

By Courtney M. Dankworth, Lauren M. Dolecki, Gregory J. Lyons, Ming Yang, David G. Sewell and Naeha Prakash October 1, 2018 by pss2150

On August 28, 2018, the Office of the Comptroller of the Currency (“OCC”) published an advance notice of proposed rulemaking (“ANPR”) inviting public comment on ideas for modernizing the regulatory framework for the Community Reinvestment Act of 1977 (“CRA”).[1]…

Did Deregulation End the “Quiet Period” of Low-Risk Banking?

By Paul G. Mahoney September 18, 2018 by renholding

From the New Deal until the 1970s, banks were on a tight leash. Regulators controlled the rate of interest they could pay on deposits. Banks could not underwrite or deal in corporate securities. With some exceptions, they could not expand …

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The Deregulation Debate: The Challenge of Using Static Rules to Govern a Dynamic System

By Kathryn Judge September 18, 2018 by renholding

In their lively disagreement about the role of deregulation in contributing to the 2007-2009 financial crisis, professors Arthur Wilmarth and Paul Mahoney inadvertently illuminate why the processes through which finance is regulated are so ill-suited to that purpose.  Finance is …

Do Investors Care Who Did the Audit?

By Marcus M. Doxey, James G. Lawson, Thomas J. Lopez and Quinn T. Swanquist September 14, 2018 by renholding

In 2008, the U.S. Department of the Treasury’s Advisory Committee on the Auditing Profession called for a “standard-setting initiative to consider mandating the engagement partner’s signature on the auditor’s report” as a way to increase audit transparency.[1] The Public …

Arnold & Porter Discusses Easing of FinCEN Rules on Identifying Beneficial Owners of Accounts

By Richard M. Alexander, David F. Freeman, Jr., Michael A. Mancusi, Brian C. McCormally and Kevin M. Toomey September 12, 2018 by renholding

On September 7, 2018, after considerable industry feedback and two issuances of temporary relief, the Financial Crimes Enforcement Network (FinCEN) issued permanent relief to the banking industry from the requirement to collect beneficial ownership information on certain accounts that automatically …

Lehman Brothers: How Good Policy Can Make Bad Law

By Kathryn Judge September 11, 2018 by renholding

As we approach the 10-year anniversary of the failure of Lehman Brothers, the news is again awash in a debate about whether policymakers could have saved the investment bank.  That the issue remains so deeply contested reflects how fundamentally flawed …

A Retrospective on the Demise of Long-Term Capital Management

By Paul L. Lee September 10, 2018 by renholding

The 10th anniversary of the harrowing financial events of September 2008 is nearly upon us.  The anniversary will undoubtedly be marked by various retrospectives analyzing those events.  For a longer-term perspective, though, it may be helpful to consider another anniversary …

Why Do Firms Go Public Through Debt Instead of Equity?

By Denys Glushkov, Ajay Khorana, P. Raghavendra Rau and Jingxuan Zhang September 7, 2018 by renholding

Private firms can gain access to capital markets in several ways. The most well-known approach is through an initial public offering (IPO) of equity, and high-profile firms typically attract a large amount of attention from the popular press when they …

How Markets Learn to Value the Financial Performance of Socially Responsible Firms

By Zhichuan Frank Li, Jun Wang and Chong Yu August 30, 2018 by renholding

Market reactions to a company’s performance on environmental and other social issues are ambiguous, because it is difficult to measure social and financial performance and how they affect each other. We, however, create a virtual value-weighted portfolio based on the …

Buy-Side Analysts and Earnings Conference Calls

By Michael J. Jung, M.H. Franco Wong and X. Frank Zhang August 29, 2018 by renholding

The role of sell-side equity analysts in the capital markets has been researched extensively by academics over the past several decades. In contrast, due to data limitations, there has been little research on buy-side analysts. Buy-side analysts work for institutional …

Hidden Holdouts and the Puzzling Pricing of Collective Rights: An Analysis of the Venezuelan Debt Crisis

By Robert E. Scott, G. Mitu Gulati and Stephen J. Choi August 20, 2018 by renholding

The emergence of “activist” investors across a range of markets has been one of the most interesting phenomena of the past few decades (see here, here and here). These investment funds seek to capture rents from their investments …

Debevoise & Plimpton Discusses a Turning Point for FinTech

By Gregory J. Lyons, David L. Portilla, David G. Sewell, Norma Angelica Freeland and Naeha Prakash August 20, 2018 by renholding

On July 31, 2018 the Office of the Comptroller of the Currency (“OCC”) announced it will begin accepting applications from non-depository FinTech companies for a special purpose national bank charter. [1] This announcement caps a years-long and much anticipated initiative …

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