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Over the last few decades, large asset managers have loomed over U.S. equity markets. Their prominence has fueled a lively debate about the effects of “asset manager capitalism” on a variety of issues, including corporate governance and stewardship, market competition, …
Confidentiality protections for whistleblowers can take many different forms. The confidentiality protections in Dodd-Frank-style programs are seen as the gold standard,[1] but these were far from the first. As described in this post, the IRS Whistleblower Program and the …
The UK’s first “Copyright vs. AI” decision (Getty Images (US) Inc & ors vs. Stability AI Limited [2025] EWHC 2863 (Ch)) marks a clear win for the artificial intelligence industry. The English High Court raised the rhetorical question on the …
Nearly a month into the government shutdown with no clear end in sight, many companies and underwriters are starting to ask the same question: Can we still go public? The short answer is Yes, under the right circumstances—and the …
California enacts more than a dozen AI laws, including ones that impose new obligations on frontier developers in the name of greater transparency.
Good evening, ladies and gentlemen. Thank you, Larry [Cunningham], for your generous introduction and your kind invitation for me to be here today. It is an honor and pleasure for me to participate in the Weinberg Center’s twenty-fifth anniversary. Larry, …
The tech sector has a great talent for using words whose superficial meaning is reinforced through intense though misleading marketing but whose actual meaning turns out to be quite different. Consider the name “stablecoin,” a simple term given to a …
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 …
Three recent court decisions relating to motions to compel arbitration provide insights as to how courts consider issues that commonly arise in the context of consumer arbitration.
On June 30, 2025, the United States District Court for the Southern District …
Each year numerous surveys, reports, and analyses assess boards of directors, or BoDs. One from PwC landed about the same time as another from SquareWell Partners in the past couple of months, inviting a comparison.
PwC has surveyed CEOs and …
The relationship between corporate compliance and reputation has fundamentally changed in our digitally interconnected world. What once were discrete regulatory violations now cascade across multiple stakeholders, with ramifications amplified by social media and enabled by new forms of stakeholder coordination. …
In recent years, public firms in the U.S. have increasingly issued revenue guidance that is not based on Generally Accepted Accounting Principles (GAAP). Instead, they have focused on customized, non-GAAP metrics such as “organic revenue” or “constant-currency revenue.” Non-GAAP revenue …
Thank you, Natasha [Vij Greiner]. Good morning and welcome to the Third Annual Conference on Emerging Trends in Asset Management. Before I begin, I must remind you that my views are my own as a Commissioner and not necessarily those …
On May 20, 2025, the New York Court of Appeals affirmed the dismissal of two shareholder derivative actions brought against directors and officers of large European companies in decisions with critical implications for non-U.S. companies’ exposure to fiduciary litigation in …
In the world of legislative decision-making, one truth holds: U.S. legislators are heavily motivated by re-election. To win votes, they must understand and serve the economic interests of their constituents. This dynamic raises an intriguing question: How do members of …
After the Delaware Court of Chancery invalidated Elon Musk’s $56 billion compensation package, Tesla made headlines by moving its incorporation from Delaware—the longtime gold standard for incorporation—to Texas. Following Tesla’s reincorporation, Texas moved to strengthen its newly created business court. …
In a major development for businesses subject to state data privacy laws, eight state privacy regulators have joined forces to form the “Consortium of Privacy Regulators,” a bipartisan coalition aimed at coordinating enforcement and protecting consumer privacy through collaboration. The …
“Why shouldn’t we be chilled by this?” a federal judge remarked about President Trump’s imposing extraordinary penalties upon the Perkins Coie law firm. The firm represented Trump rival Hillary Clinton in 2016 and is now suing to challenge the president’s …