Finance & Economics
When Free Speech Lowers the Cost of Equity
A fundamental question in corporate finance is how the flow of information affects the cost of raising capital. Investors tend to reward transparency because it helps them evaluate a firm’s risks and prospects, and they often accept lower returns when …
How “Chameleon Capital” Has Outpaced the Law
In the modern private capital markets, the traditional distinctions between equity and debt have become increasingly blurred and inadequate to capture the complexity of modern investment instruments. Sophisticated market participants – particularly private credit funds – have begun to craft …
The CLARITY Act’s Unfinished Business
After nearly two decades of regulatory uncertainty, digital assets stand at a critical juncture in American financial law. On July 18, 2025, President Trump signed the “Guiding and Establishing National Innovation for US Stablecoins Act,” known as the GENIUS Act, …
Wachtell Lipton Discusses Supreme Court Business Docket for October Term 2024
Following on the heels of last year’s blockbuster Term, the Supreme Court recently concluded another of equal consequence. But even as the Court grappled with contentious issues ranging from birthright citizenship to the process owed deportees, it also issued significant …
Why Public Pension Funds Should Still Put Beneficiaries First: A Response to Fisch and Schwartz
In a recent article, professors Jill Fisch and Jeff Schwartz argue that the beneficiary primacy model – requiring pension fund trustees to maximize economic value solely for beneficiaries – fundamentally misunderstands the nature of public pension funds. They contend …
When Venture Capital’s Speed Runs Ahead of Its Due Diligence
In recent years, the failure of high-profile startups has drawn renewed attention to a persistent question in the venture capital (VC) world: How much diligence is enough when speed of investment is at a premium? Collapses at the likes of …
What We Talk About When We Talk About “Fed Independence”
Most industry and academic discussion about the Fed focuses, as is appropriate, on the Federal Reserve Board of Governors’ role in managing monetary policy and, in particular, its tools for managing interest rates and inflation in the shadow of tariffs …
Davis Polk Discusses New Permission for Banks to Collect Customer SSNs from Third Parties
In a significant step towards modernizing Bank Secrecy Act compliance, FinCEN and certain banking agencies are providing flexibility in “know your customer” requirements for banks.
The Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), …
The Impact of Marijuana Legalization on Firms’ Cost of Equity
Decades of marijuana prohibition in the U.S. have proven costly, consuming billions in enforcement dollars and burdening the criminal justice system with millions of marijuana-related arrests. However, as societal attitudes toward marijuana have shifted and the benefits of legalization have …
Climate-Related Disclosures, Market Discipline, and Banks’ Risk-Taking
Climate change has become a central topic of discussion among banking regulators and policymakers. While many policymakers focus primarily on addressing the environmental externalities associated with carbon emissions, banking regulators confront a unique set of challenges that the current regulatory …
When AI Follows the Rules but Misses the Point
When a team of researchers asked an artificial intelligence system to design a railway network that minimized the risk of train collisions, the AI delivered a surprising solution: Halt all trains entirely. No motion, no crashes. A perfect safety record, …
Bringing Accountability Back to Decentralized Finance
The promise of decentralized finance (DeFi) was that it would replace often conflict-ridden financial intermediaries and hierarchies with automated systems that we could trust. The reality, however, is that DeFi has not eradicated conflicts or trust issues but shifted them …
How Humans and AI Can Complement Each Other at Work and in the Financial Sector
As AI systems evolve, there’s been a surge of attention and anxiety around how they are reshaping the workforce. The conversation often centers on which jobs are at risk of automation and what machines are capable of. While these are …
When More Is Less: Information Overload in AI-Driven Finance
Large language models (LLMs) are rapidly becoming integral to financial analysis, from parsing earnings calls to predicting stock market reactions to news. But a critical question remains: When we feed these models more information, do they perform better? Our recent …
Yet Another Potential Economic Shock to Emerging Economies
Tariffs have been front-page news for the last few months, virtually since the moment that the Trump Administration came into office. Along with this news has come considerable commentary on the impact the tariffs may have on the U.S. and …
The GENIUS Act: Countering Criticisms and Charting a Path for Stablecoins
Stablecoins have emerged as a central pillar of the digital asset ecosystem, offering a bridge between traditional fiat currencies and decentralized finance. The GENIUS Act, a stablecoin regulation proposal, is advancing with bipartisan support through the U.S. Senate.[1] Given …
Wachtell Lipton Discusses Cryptoasset Developments: Continued Progress Toward U.S. Regulatory Clarity
As regulators and policymakers across the federal government press forward with creating long-sought rules of the road for the cryptoasset industry, several recent developments bear particular significance for the promise of the decentralized internet, or Web3. Among these is the …
How Early Investor Feedback Improves IPO Pricing
The under-pricing of initial public offerings (IPOs) has puzzled researchers for decades. First-day returns average around 15 percent, translating into billions of dollars left on the table by issuers and picked up by investors allocated shares in the IPO. The …
Pay-to-Play in Venture Capital Financing
The startup ecosystem fuels America’s economy in ways few other sectors can match. It has also ridden waves of boom and bust, with periods of explosive growth followed by cool-downs. During these market downturns, capital becomes scarce and investors must …
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