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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

Adventures in Sovereign Debt: Enforcing Russia’s Loan to Ukraine

By Mark C. Weidemaier December 15, 2016 by renholding

In December 2015, Ukraine defaulted on a $3 billion loan made two years previously by the Russian government. Governments lend to one another all the time, but this loan was extraordinary, and so were the events that followed in its …

Shearman & Sterling Discusses U.S. Election’s Effect on International Sanctions

By Philip Urofsky, Danforth Newcomb, Stephen Fishbein, Barnabas W.B. Reynolds and Christopher LaVigne November 23, 2016 by renholding

The election on November 8 has significant implications for international sanctions, particularly with respect to Iran, Cuba, and Russia. Although we do not want to be unduly alarmist, President-elect Trump’s statements on the campaign trail, should they be carried through …

Community Banks Play an Important Role in International Trade

By Dmytro Holod and Gokhan Torna November 18, 2016 by renholding

Small and medium-size enterprises (SMEs) play a significant role in the global economy, accounting for a substantial portion of employment and domestic production. According to some estimates, SMEs’ contribution to gross domestic product exceeds 51 percent in high-income countries, consistent …

Restructuring Venezuelan Debt

By Mark A. Walker and Jill Dauchy November 14, 2016 by renholding

As sovereign borrowers and their creditors know all too well, the legal framework governing their respective rights and obligations (the so-called international financial architecture) lacks an effective means to enforce payment in most circumstances or to modify payment obligations when …

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Cleary Gottlieb Discusses Further Easing of Cuban Sanctions

By Paul Marquardt and Christopher Robins November 14, 2016 by Jeff Himelson

On October 14, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Department of Commerce’s Bureau of Industry and Security (“BIS”) announced revisions to the Cuban Assets Control Regulations (“CACR”) and the Export Administration …

Arnold & Porter Discusses Proposed CFTC Rules for Cross-Border Swaps

By Andrew Shipe, Daniel Waldman, David F. Freeman, Jr. and Rashmi Seth November 10, 2016 by renholding

The Commodity Futures Trading Commission (CFTC) recently proposed new regulations that will significantly affect international swap transactions.[1] At present, international swap market participants look to the CFTC’s 2013 Interpretive Guidance and Policy Statement Regarding Compliance With Certain Swap Regulations…

The Last Days of Stock Exchange Listings for Sovereign Debt?

By Elisabeth de Fontenay, Josefin Meyer and G. Mitu Gulati November 9, 2016 by renholding

On October 25, 2016, the Argentine province of Santa Fe issued $250 million in international bonds. One aspect of this offering is highly unusual for international sovereign debt: the bonds are not listed on any of the major global stock …

Corporate Governance for a Changing World: Report of a Global Roundtable Series

By Jeroen Veldman and Paige Morrow November 9, 2016 by renholding

Between 2014 and 2016, European law firm Frank Bold and the Modern Corporation Project at Cass Business School of City, University of London, hosted a global series of roundtables on corporate governance in which we engaged with over 260 practitioners, …

Sullivan & Cromwell Discusses UK Court Ruling Giving Parliament a Say on Brexit

By Ben Perry November 8, 2016 by renholding

Following the referendum vote on June 23, 2016, the UK government proposed to notify the European Council by March 31, 2017 under article 50(2) of the Treaty on European Union of the UK’s decision to leave the EU.

The UK …

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 …

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