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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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International Developments

No Country Left Behind: History Complicates Efforts to Harmonize Global Regulation

By Hans Christensen, Christian Leuz and Luzi Hail November 7, 2016 by renholding

The European Union (EU) enacted a series of regulations in the early 2000s to improve the financial markets of member states. While the new regulations were formally the same across the EU, member countries must individually implement, supervise, and enforce …

Ropes & Gray Offers Update on Brexit and European Data Protection

By Rohan Massey November 4, 2016 by renholding

Following the “Leave” result of the United Kingdom’s referendum on its membership in the European Union, there has been uncertainty regarding the implementation of the General Data Protection Regulation (GDPR) due to come into effect on 25 May 2018. Our …

Shearman & Sterling discusses Brexit: a Financial Free Zone Within the City

By Barnabas W.B. Reynolds, Thomas Donegan and James Comyn October 17, 2016 by renholding

The UK Government recently indicated that it intends to negotiate a unique EU-UK relationship post-Brexit. It is hoped that the arrangements will be appropriate for the UK and London’s position as a leading international financial centre. A number of existing …

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Skadden Contrasts English And Delaware M&A Law

By Scott V. Simpson and Michael Hatchard October 12, 2016 by Jeff Himelson

Skadden and Erskine Chambers recently hosted a series of comparative corporate law events in conjunction with the University of Pennsylvania Law School; Queen Mary University of London School of Law; New York University School of Law; Wachtell, Lipton Rosen & …

Kirkland & Ellis Discusses Russia Sanctions Developments

By Joanna Ritcey-Donohue and Jamieson Greer October 10, 2016 by Jeff Himelson

The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) has significantly expanded the number of entities and individuals subject to Russia sanctions and separately censured U.S. insurance and financial institution entities for failing to keep current with OFAC’s sanctions …

Gibson Dunn offers 2016 Mid-Year Transnational Litigation Update

By William E. Thomson, Anne Champion, Perlette Jura, Mary Beth Maloney and colleagues October 4, 2016 by renholding

Earlier this year, Gibson Dunn published the latest installment of its annual Transnational Litigation Update.  See 2015 Year-End Transnational Litigation Update (February 17, 2016, accessible here).  This Mid-Year Update expands on certain key issues addressed by the 2015 Update, …

Sullivan & Cromwell Discusses U.S. Tax Consequences of EU State Aid Recoupment

By Michael Orchowski, Andrew S. Mason, Andrew P. Solomon and Eric S. Wang October 3, 2016 by Jeff Himelson

On September 15, the IRS and Treasury Department proposed, in Notice 2016-52 (the “Notice”), new rules that limit the ability of U.S. multinational groups to claim credits against U.S. taxes for significant foreign tax adjustments (i.e., …

The Globalization of Securities Litigation

By John C. Coffee, Jr. September 19, 2016 by renholding

Europe (and much of the rest of the world) have long been skeptical of American-style opt-out class actions in which the plaintiff’s attorney defines the scope of the class.  Similarly, they have prohibited the contingent fee, discouraged punitive damages, insisted …

Morrison & Foerster Covers the Highlights of World Economic Forum’s Blockchain Report

By Joshua Ashley Klayman, F. Dario de Martino and Alisha J. Turak September 19, 2016 by renholding

The World Economic Forum threw a knockout punch last month when it released its report, “The Future of Infrastructure: An Ambitious Look at How Blockchain Can Reshape Financial Services.”[1] When Giancarlo Bruno, the World Economic Forum’s Head …

Ropes & Gray reviews the Implications of the UK’s Brexit Referendum

By Monica Gogna September 16, 2016 by renholding

From a legal perspective, nothing has changed following the Brexit Referendum. The UK remains a member of the EU and applicable  EU  law  remains in force. Although the outcome  of the Referendum is not legally binding on the UK government1 …

Income Tax in the Brave New World of Zero Interest Rates

By Yair Listokin September 14, 2016 by renholding

The time value of money, measured by the interest rate at which an entity can borrow or invest, plays an incredibly important role in income tax. Every tax teacher emphasizes the value of deferral to taxpayers, explaining that paying a …

Should Say-on-Pay Votes Be Binding?

By Yvan Allaire and François Dauphin September 13, 2016 by renholding

The practice of allowing shareholders to cast non-binding say-on-pay votes has spread quickly and broadly throughout the world. It seemed that investors would finally get the opportunity to express their dissatisfaction with outrageous or ill-conceived compensation packages.

The practice was, …

Ropes & Gray discusses EU Third-Country Passport for Alternative Investment Funds

By Monica Gogna, Michelle Moran, Anand Damodaran, Matthew Judd and John Young September 12, 2016 by renholding

The European Securities and Markets Authority (“ESMA”) published on July 19, 2016 its final advice to the European Commission (the “Commission”) on the extension of the marketing passport under the Alternative Investment Fund Managers Directive (“AIFMD”)1 to twelve non-EEA2 countries, …

The Downside of Cultural Diversity on Corporate Boards

By Bart Frijns, Olga Dodd and Helena Cimerova September 5, 2016 by renholding

Diversity in corporate boards is a hot topic. We contribute to the debate on the role of diversity by empirically documenting that greater national cultural diversity in corporate boards leads to lower performance at UK firms accounting for more than …

Sovereign Debt Restructuring: The Battle of Argentina Is Over. The Battle of Venezuela Is About to Begin.

By Lee C. Buchheit and G. Mitu Gulati September 1, 2016 by renholding

Most of the lawsuits against Argentina in the New York courts ended in the Spring of 2016 through cash settlements with the major litigants.  The market is still digesting the lessons from this 15 years of bitter litigation.  That …

Financial Reform’s Internationalism

By David Zaring August 31, 2016 by renholding

Financial reform has driven many changes in American governance, but the most dramatic one may prove to be the government’s cautious, but wide-ranging, embrace of a revised global regime to regulate international finance. That reform has moved the equilibrium of …

Shearman & Sterling offers the Lowdown on EU General Data Protection Law

By Richard C. Hsu, Jeewon Kim Serrato, Barnabas W.B. Reynolds, Andreas Löhdefink and Tobia Croff August 30, 2016 by renholding

On April, 27 2016, the European Council and Parliament finally adopted a new data protection law: the General Data Protection Regulation (GDPR).  The following is a summary of key issues and a checklist of initial tasks to help you prepare …

A Plea for a Better Response to a Failed Say on Pay Vote

By Christoph Van der Elst August 26, 2016 by renholding

The 2010 Dodd-Frank Act provided shareholders of U.S. public corporations the right to vote on chief executive officers’ compensation, at least every three years. The so–called say on pay vote is advisory but was designed to curb overly generous executive …

Oil Prices and the Global Economy: Is It Different This Time Around?

By Kamiar Mohaddes and M. Hashem Pesaran August 24, 2016 by renholding

The positive correlation between oil prices and equity markets over the past few years has been discussed extensively in the media as well as by prominent economists, such as Bernanke and Obstfeld, and has brought into question the generally …

Gibson Dunn explains the New EU-Wide Rules on Cybersecurity

By Alexander H. Southwell, Andrés Font Galarza and Eryk L. Dziadykiewicz August 24, 2016 by renholding

On July 6, 2016, the European Parliament officially adopted the Network and Information Security (NIS) Directive[1] which is expected to fully enter into force in May 2018.  The NIS Directive is the first set of cybersecurity rules to be …

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