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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 By John C. Coffee, Jr.
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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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Securities Regulation

Shadow SEC Statement No. 7: Too Much, Too Fast

By John Coates, John C. Coffee, Jr., James D. Cox, Merritt B. Fox and Joel Seligman September 30, 2025 by renholding

We concur with the view of SEC Chair Paul Atkins that the SEC has a three-fold mission as enunciated by Congress in the Securities Exchange Act: Protecting investors, furthering capital formation, and safeguarding fair, orderly, and efficient markets. We also …

SEC Commissioner Speaks on Regulatory Harmonization Efforts

By Mark T. Uyeda September 30, 2025 by renholding

Innovations such as blockchain, AI, and DeFi promise to disrupt our markets in ways that are exciting to discuss.  Equally important, though perhaps less exciting, is discussing how regulatory agencies should align their oversight when new ideas cut across jurisdictional …

SEC Chair Atkins Speaks at the Investor Advisory Committee Meeting

By Paul S. Atkins September 29, 2025 by renholding

Good morning, ladies and gentlemen. It is a pleasure for me to be with you in person for the first time as Chairman.[1] I have long believed that the Investor Advisory Committee has an important mission to give considered …

1 Comment  

Wachtell Lipton Discusses Proposed End of Quarterly Reporting and Action on Shareholder Litigation

By Martin Lipton, Adam O. Emmerich, David A. Katz and Joseph S. Payne September 26, 2025 by renholding

The U.S. Securities and Exchange Commission last week took steps toward modernizing the periodic reporting system for public companies, and also permitted issuers to include mandatory arbitration provisions in their charters and/or bylaws in connection with IPOs and other securities …

Skadden Discusses SEC Grant of No-Action Relief for Retail Voting Program

By Brian V. Breheny, Raquel Fox, Marc S. Gerber, Elizabeth R. Gonzalez-Sussman and Joshua Shainess September 24, 2025 by renholding

On September 15, 2025, the Staff of the U.S. Securities and Exchange Commission’s (SEC’s) Office of Mergers & Acquisition issued a no-action letter to Exxon Mobil Corporation that allows for the adoption of a retail voting program. To address historically …

Morrison & Foerster Discusses SEC Reversal of Prohibition on Mandatory Arbitration Provisions

By Ryan Adams, Scott Lesmes and Sydney Stancik September 22, 2025 by renholding

On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or the Commission) voted to approve the issuance of a Policy Statement (the Policy Statement) providing guidance on the Commission’s views on the use of mandatory arbitration provisions in …

SEC Chair Speaks on Mandatory Arbitration and Registration Statement Review

By Paul S. Atkins September 18, 2025 by renholding

The second item on today’s agenda is a recommendation that the Commission issue a policy statement[1] (the “Policy Statement”) addressing the presence of a mandatory arbitration provision in the governance documents of a company registering offers and sales of …

SEC Commissioner Uyeda Speaks at SIFMA’s Private Markets Valuation Roundtable

By Mark T. Uyeda September 17, 2025 by renholding

Good morning, and thank you for convening this roundtable on private market valuation. My remarks reflect my views as an individual Commissioner and not necessarily the views of the full Commission or my fellow Commissioners.

Vibrant Private Capital Markets Promote

…

Gibson Dunn Updates Securities Litigation as of Mid-Year 2025

By Craig Varnen, Monica Loseman, Brian Lutz, Jefferson Bell and Chase Weidner September 15, 2025 by renholding

FILING AND SETTLEMENT TRENDS

A recent NERA Economic Consulting (NERA) study provides an overview of federal securities litigation filings in the first half of 2025. This section highlights several notable trends.

A.  Filing Trends

Figure 1 below reflects the federal …

Arnold & Porter Discusses the CLARITY Act

By Adrien Anderson, Dale Kim, Rashmi Seth and David Freeman September 9, 2025 by renholding

For over a decade, regulators, market participants, and Congress have wrestled with the challenge of regulating crypto assets. This relatively nascent asset class, underpinned by novel technology, has been difficult to regulate under existing financial regulatory frameworks. While both the …

Can Firms Be Held to Account in Part With Anonymous Inquiries?

By Mary Adenle, Fred Asante, Tendai Masaya and David Park September 8, 2025 by renholding

Corporate transparency is often assumed to be driven by law, regulation, and public scrutiny. Yet new research shows that private pressure – quiet, anonymous inquiries sent through companies’ grievance channels – can meaningfully shape how firms disclose sensitive information.

In …

How Racial Disparities Affect the Processing of Whistleblower Complaints

By Marco Errico, Sinja Leonelli and Aneesh Raghunandan September 5, 2025 by renholding

To detect corporate misconduct, regulators frequently rely on firms’ employees, who are often privy to private information and the first to identify wrongdoing. To encourage employees and others to share what they know, many regulators have implemented whistleblower programs. Some …

SEC Chair Atkins Speaks on Spring 2025 Regulatory Agenda

By Paul S. Atkins September 5, 2025 by renholding

Today [September 4],  the Office of Information and Regulatory Affairs released the Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions.

This regulatory agenda reflects that it is a new day at the Securities and Exchange Commission. The items …

Federal Judge Trips Over Tricky Statutory Language, Eviscerating CFTC Jurisdiction

By Ilya Beylin September 3, 2025 by ilyabeylin

Derivatives lawyers are not known to be an excitable bunch.  But a recent opinion from the U.S. District Court in the Northern District of Texas has derivatives lawyers excited, and not in a good way.  The judge has vastly restricted …

SEC and CFTC Staff Issue Joint Statement on Spot Crypto Trading

By Securities and Exchange Commission September 3, 2025 by renholding

The SEC’s Division of Trading and Markets and the CFTC’s Division of Market Oversight and Division of Clearing and Risk (collectively, the “Divisions”)[1] are announcing a cross-agency initiative in furtherance of the SEC’s Project Crypto and the CFTC’s Crypto …

Morrison & Foerster Discusses Top 5 SEC Enforcement Developments for July 2025

By Nicole K. Serfoss, Michael D. Birnbaum, Haimavathi V. Marlier, Craig D. Martin and Elizabeth Weil Shaw August 28, 2025 by renholding

This month, we examine the following most important SEC enforcement developments:

  • An SEC complaint alleging a Georgia company and its owner operated a $140 million offering fraud and Ponzi scheme;
  • An SEC insider trading case initiated following a post-transaction FINRA
…

Miller Shah Discusses Robinhood’s Expansion in Tokenized Offerings and the Need for Regulation

By Rrita Osmani and Johanna Richter August 25, 2025 by renholding

In the summer of 2025, shares of Robinhood hit an all-time high following the announcement of ambitious plans from the e-trading giant to expand its financial services. The plans involve launching new initiatives, including Robinhood Strategies, Robinhood Banking, a …

SEC Names Judge Margaret Ryan as Director of the Division of Enforcement

By Securities and Exchange Commission August 22, 2025 by renholding

The Securities and Exchange Commission today [August 21] announced that Judge Margaret “Meg” Ryan has been named Director of the Division of Enforcement, effective Sept. 2, 2025. Acting Director of Enforcement Sam Waldon will return to his previous role as …

Paul Weiss Discusses Sixth Circuit Decision on Class Certification in Securities Fraud Cases

By Andrew Ehrlich, Audra Soloway, David Friedman, Dan Sinnreich and Angela Seeger August 21, 2025 by renholding

On August 13, 2025, the Sixth Circuit issued a unanimous opinion in Owens v. FirstEnergy Corp., No. 23-3940 (6th Cir. Aug. 13, 2025) (“FirstEnergy”) with significant ramifications for establishing reliance in securities fraud cases and analyzing damages models at …

The Pay-Ratio Mandate Has Helped Bridge the CEO-Worker Pay Gap

By Chase Potter and Zhonghua Zhang August 14, 2025 by renholding

The growing gap between CEO compensation and typical worker pay has become one of the most visible signs of rising economic inequality. In the United States, this gap has widened dramatically over the past several decades. While CEOs in the …

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