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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

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 …

The Role of Relationships and Informal Norms in Entrepreneurial Finance

By Brian J. Broughman August 14, 2018 by renholding

Contracting parties in an on-going relationship often rely on informal norms to resolve disputes and reduce transaction costs.  Known as “relational contracting,” this concept is typically studied in the context of procurement contracts between manufacturers and suppliers,[1] but it …

The Role of Artificial Intelligence and Machine Learning in Risk Management

By Saqib Aziz and Michael Dowling August 10, 2018 by renholding

Lending in China is a risky proposition. When a U.S. bank needs to decide whether to approve a loan to a U.S. customer, it simply accesses the customer’s credit report, which is often the deciding factor. The bank can thus …

Do Financial Analysts Help Improve Firm Productivity?

By Marco Navone, Eliza Wu and Thomas To August 7, 2018 by renholding

Academic researchers in corporate finance have in recent years taken a renewed interest in the impact of private firms on employment, growth, and other positive developments in national economies. In a recent article, we develop this new field of research …

Latham & Watkins Discusses U.S. Inversion Regulations After New Tax Law

By Nicholas J. DeNovio, Laurence J. Stein, Sean M. FitzGerald and Jared W. Grimley August 2, 2018 by renholding

On July 11, 2018, the US Department of the Treasury (Treasury) and the Internal Revenue Service (the IRS) issued final regulations (the Regulations) continuing efforts aimed at curbing cross-border corporate expatriation transactions — commonly referred to as inversions — and …

Where the Fisch, Hamdani, and Davidoff Solomon Theory of Passive Investors Goes Awry

By J.B. Heaton July 25, 2018 by renholding

President Reagan once said, “I’ve heard that hard work never killed anyone, but I say why take the chance?”  In a recent paper, professors Jill Fisch, Assaf Hamdani, and Steven Davidoff Solomon (hereafter “FHDS”) argue that passive investors – …

How Institutional Investors Gain an Information Advantage: Evidence From Option Backdating

By Wenli Huang, Hai Lu and Xiaolu Wang July 20, 2018 by renholding

Institutional investors are often viewed as informed traders, and individuals attempting to trade in the same market as institutions are likened to “tourists playing poker with professionals in the smoky backroom of a Las Vegas casino.”[1] So how do …

The Consequences of Restatements for Outside Directors

By Daniel Street July 13, 2018 by renholding

Serving on a public company’s board of directors carries responsibilities and risks as well as benefits for directors.  If directors do not carry out their duties effectively, they risk damaging their reputation, losing their board seats, and facing shareholder lawsuits.  …

Empowering the Poor: Turning De Facto Rights into Collateralized Credit

By Steven L. Schwarcz July 12, 2018 by renholding

The shrinking middle class and the widening gap between the rich and the poor threaten social and financial stability. The noted economist Hernando De Soto has explained how the lack of credit increases wealth inequality. Largely due to poverty, 70 …

Taking Investor Preferences Seriously

By Kathryn Judge July 11, 2018 by renholding

Over the last half century, finance has made remarkable progress explaining the pricing of financial assets.  In relying on portfolio theory, however, mainstream pricing models tend to ignore investor preferences for certain asset types.  This is a mistake.  In a …

Paul Weiss Discusses Issues With Private Equity Transactions After New Tax Law

By Matt Abbott, Angelo Bonvino, Marco Masotti, Lindsay Parks, Scott Sontag and Taurie Zeitzer July 11, 2018 by renholding

On December 22, 2017, President Trump signed Public Law No. 115-97, formerly known as the “Tax Cuts and Jobs Act” (the “Act”), into law. The Act makes a number of major changes to the U.S. federal income taxation of both …

New Data Shed Light on Mutual Fund Time Horizons

By Anne M. Tucker July 2, 2018 by renholding

Short-termism is a loaded phrase in debates over investment time horizons, often used to criticize investors and corporate managers deemed overly focused on near-term gains at the expense of long-term value. One argument is that U.S. mutual funds, as significant …

Bitcoin’s Price Chaos Demonstrates the Importance of Sophisticated Financial Products

By Peter Charles Bassine and Harrison Fregeau June 28, 2018 by renholding

Between January 1 and December 17, 2017, the value of a single Bitcoin skyrocketed from under $1,000 to nearly $20,000. To match Bitcoin’s 1183 percent return during this period, an investor would have needed the equivalent of 38 years’ average …

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