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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

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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

Latham & Watkins Discusses Expanded Sanctions

By Les P. Carnegie, William M. McGlone, Eric S. Volkman, Jennifer Kendrex and Elizabeth Annis August 31, 2017 by renholding

On Wednesday, August 2, 2017, President Donald Trump signed into law the Countering America’s Adversaries Through Sanctions Act (the Act). The Act significantly expands and codifies US sanctions targeting Russia, and it adds several measures to the already comprehensive US …

Should Cybersecurity Be a Human Right?

By Scott Shackelford August 23, 2017 by renholding

The May 2017 WannaCry ransomware attack affected more than 200,000 computers spread across 150 nations. The results of the attack made clear that computers whose software is not up to date can hurt not only the computers’ owners, but ultimately …

Brexit: The Lessons from Trade Wars

By John C. Coffee, Jr. August 16, 2017 by renholding

Brexit has set the stage for a retaliatory trade war that neither the U.K. nor the E.U. wants and that will injure consumers (and others) on both sides. Moreover, it could threaten the U.S. as well, if it leads the …

3 Comments  

Clifford Chance Discusses US Considerations For Transition Away From Libor

By Jeff Berman, David Felsenthal, Catherine McCarthy, Gareth Old and Mark Pesso August 14, 2017 by renholding

Although a bedrock of the financial markets for over 30 years, LIBOR has been under pressure ever since the Wheatley Review, and a speech given by Andrew Bailey, Chief Executive of the UK’s Financial Conduct Authority (FCA) on July 27th …

Implementing Basel Capital Requirements: The Dark Side

By Aurelio Gurrea-Martínez and Nydia Remolina León August 9, 2017 by renholding

Following the recommendations of the Basel Committee on Banking Supervision, most financial systems around the world have imposed new capital requirements for banks in recent years. These moves seem to be justified on two powerful economic grounds. First, better capitalized …

2 Comments  

The Value of Corporate Disclosure in Emerging Markets

By Aaron S. Yoon July 27, 2017 by renholding

It has been well documented that in the U.S. and other countries with developed stock markets, sound public disclosure practices strengthen the reputation and credibility of firms. However, it’s unclear whether good disclosure practices are also beneficial in emerging markets …

What Responsibilities Do Sovereign Funds Have to Other Investors?

By Paul Rose June 20, 2017 by renholding

With trillions of dollars in assets, sovereign wealth funds (SWFs) play a major role in financial markets around the world. With billions (and perhaps trillions) of dollars’ worth of equity investments around the world, the investment behavior of SWFs is …

How Directors’ Foreign Board Experience Improves Governance

By Peter Iliev and Lukas Roth June 15, 2017 by renholding

The corporate governance literature has shown a strong link between good governance practices and firm value. The mechanisms, however, that determine the choice of effective corporate governance and board arrangements in a changing global market are not well studied. In …

How Substitutable Are Workers? Evidence from Worker Deaths

By Simon Jäger June 14, 2017 by renholding

The fluidity of labor markets depends on the ease with which one side of the market can fulfill the needs of the other: whether workers can find employment that suits their skills and firms can find adequate substitutes for workers …

Shearman & Sterling Discusses European Central Bank’s Leveraged Transactions Guidance

By Ronan Wicks, Esther Jansen, Korey Fevzi, Peter Hayes and Helen Walsh May 24, 2017 by renholding

After a period of public consultation, the European Central Bank (the “ECB”) published its final Guidance on Leveraged Transactions (the “Guidance”) on May 16, 2017[1]. Twenty-four organisations (comprising credit institutions and market associations) commented directly on the ECB’s …

A Tax on Aggressive Tax Planning

By Jan Vleggeert and Henk Vording May 16, 2017 by renholding

Tax planning by multinational enterprises (MNEs) is estimated to generate a worldwide loss of corporate tax revenues of between $100 billion and $240 billion. U.S.-based MNEs alone are believed to retain a total of $2 trillion in earnings outside the …

Arnold & Porter Discusses Trump’s Buy American and Hire American Executive Order

By Steven F. Diamond and Michael E. Samuels May 10, 2017 by Jeff Himelson

The United States has long offered its domestic industrial base preferential treatment in the Federal government marketplace through laws and regulations requiring agencies to prefer purchase of American-made products and contracts with American companies, and only resort to other sources …

Kirkland & Ellis Discusses Trump’s Trade Agenda

By Jeff Himelson April 17, 2017 by Jeff Himelson

In late March, the Trump administration took several steps to begin implementation of its “America First” international trade agenda. We note three actions in particular:

First, President Trump signed an executive order directing the Secretary of Commerce and the U.S. …

Cleary Gottlieb on the Trade Implications of Brexit

By François-Charles Laprévote, Simon Jay, Jonathan Kelly, Maurits Dolmans and Bob Penn April 7, 2017 by Carly Goeman

The UK Government triggered on March 29, 2017, Article 50 TEU.  As a result, the UK is likely to have exited the EU by March 2019.

In a speech delivered on January 17,  Prime Minister (“PM”) May explained …

Latham & Watkins on Defining Foreign Private Issuers: Wizard or Muggle?

By Alexander F. Cohen, Paul M. Dudek and Joel H. Trotter April 5, 2017 by Carly Goeman

The world of Harry Potter is divided into wizards and muggles, those who can work magic, and those who (sadly) cannot. In the world of US federal securities laws, the division between domestic US companies and foreign private issuers, or …

Debevoise & Plimpton Discusses EU’s Approach to Financial Services “Equivalence” Decisions

By Benjamin Lyon and James Scoville March 20, 2017 by renholding

On February 27, 2017, the European Commission published a Staff Working Document[1] containing an assessment of EU equivalence decisions in financial services policy.[2] Equivalence decisions are a core element of the Commission’s international strategy for financial services and …

Kirkland & Ellis Discusses the Trump Administration’s National Trade Policy Agenda

By Joanna Ritcey-Donohue and Sam Moss March 17, 2017 by Jeff Himelson

On March 1, 2017, the Office of the U.S. Trade Representative (“USTR”) released its National Trade Policy Agenda for 2017 (“Trade Agenda”) describing the President’s trade policy objectives. The Trade Agenda is consistent with President Trump’s campaign promises to fundamentally …

Arnold & Porter Discusses Data Protection in the EU

By Dr. Jens Steger, Nancy L. Perkins, Richard Dickinson, Ronald D. Lee and Zoe V. Walkinshaw March 15, 2017 by Jeff Himelson

2017 has started with a bang on the data protection front. The new EU General Data Protection Regulation (GDPR) which is intended to harmonise data protection legislation across the EU, was adopted in April last year and is due to …

PwC on Basel Committee’s Views of its Fundamental Review of the Trading Book

By Dan Ryan, Julien Courbe, Mike Alix, Adam Gilbert and Armen Meyer February 24, 2017 by renholding

On January 26 the Basel Committee on Banking Supervision (BCBS) released its first set of Frequently Asked Questions (FAQs) on the Fundamental Review of the Trading Book (FRTB). The BCBS published the FRTB in January 2016 with the intent to …

K&L Gates Discusses the Border Adjustment Tax

By Betsy-Ann Howe, Mary Burke Baker and Rebecca Bolton February 21, 2017 by Jeff Himelson

The House Republicans have proposed sweeping changes to the U.S. tax system, specifically that income from the export of goods, services and intangibles will not be subject to federal income tax, and that the cost of such imports into the …

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