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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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COVID-19: Impossible Contracts and Force Majeure

By Andrew A. Schwartz August 11, 2020 by renholding

The COVID-19 pandemic of 2020 – as well as government orders to contain it – have prevented countless people, babysitters to basketball players, from fulfilling their contracts. Are all of these parties legally liable for breaching their contracts? Or …

Davis Polk Discusses IRS Proposal on Carried Interest Regulations

By David Schnabel, Patrick Sigmon and Ethan Goldman August 5, 2020 by renholding

On July 31, the IRS and Treasury proposed regulations (the “Carried Interest Regulations”) on the taxation of carried interest under Section 1061 of the tax code.  Section 1061 was added to the tax code as part of the 2017 tax …

Is Social Capital Associated with Corporate Innovation?

By Iftekhar Hasan, Chun-Keung (Stan) Hoi, Qiang Wu and Hao Zhang July 31, 2020 by renholding

Both formal and informal institutions affect economic behavior in important ways, as economist Douglass C. North explained in his 1993 Nobel Prize lecture. Formal institutions include laws and regulations, and informal institutions include culture and norms. In a recent study, …

Davis Polk Discusses OCC Letter Confirming that National Banks May Provide Cryptocurrency Custody

By Randall Guynn, Jai Massari, Daniel Newman and Jeremy Sklaroff July 29, 2020 by renholding

The Office of the Comptroller of the Currency (the OCC) issued an interpretive letter (the Letter) confirming that national banks and federal savings associations (together, banks) may provide cryptocurrency custody services.[1] This Letter is the latest …

Central Bank Digital Currencies and the New World of Money and Payment Systems

By Douglas W. Arner, Ross P. Buckley, Dirk A. Zetzsche and Anton N. Didenko July 17, 2020 by renholding

Three catalysts are causing a fundamental reorientation of domestic and international monetary and payment systems: Facebook’s Libra, China’s central bank digital currency (the Digital Currency / Electronic Payment (DCEP) system), and the COVID-19 pandemic. These catalysts stand in stark contrast …

Corporate Innovation in the Age of Cyber Threats

By Gabriele Lattanzio and Yue Ma June 9, 2020 by renholding

Firms’ increasing reliance on information technologies has reshaped the global economy and disrupted entire industries while also presenting new and rapidly evolving sources of risk. Recent successful cyberattacks have harmed consumers, shareholders, and market professionals, often resulting in the illegal …

Skadden Discusses Enforcement Risks and the CARES Act

By Boris Bershteyn, Jamie L. Boucher, Christopher J. Gunther, Ryan D. Junck and David Meister May 20, 2020 by renholding

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, which was signed into law on March 27, 2020, provided for the establishment and expansion of a range of economic assistance programs designed to help U.S. businesses manage …

We the Shareholders: Government Market Participation in the Postliberal U.S. Political Economy

By Jon D. Michaels May 11, 2020 by renholding

In the middle decades of the 20th century, government officials broadened access to the courts, placing public law more at the center of traditionally private disputes. They professionalized and regularized criminal justice, which previously had been a somewhat, if not …

Cadwalader Discusses Covid-19, PPP Loans, and the Safe Harbor Date for Returning Loans

By Jodi Avergun, Scott Cammarn, Anne Tompkins, Christian Larson and Kendra Wharton May 11, 2020 by renholding

The Small Business Administration (“SBA”), in consultation with the Treasury Department, issued FAQ #43 on May 5, 2020 extending by a week the time within which a borrower has to repay a previously issued SBA loan under the …

Extreme Times, Extreme Measures: Pandemic-Resistant Corporate Law

By Luca Enriques May 5, 2020 by renholding

These are exceptional times, and policymakers are taking exceptional measures in public health, public finance, monetary policy, and public law. Among the latter, of great relevance to corporate governance are the rules broadening governments’ powers to authorize large share block …

How to Start Rebuilding Supply Chains in the Wake of Covid-19

By Matthew Jennejohn May 4, 2020 by renholding

The Covid-19 outbreak demonstrates how vulnerable our elaborate cross-border supply chains are to disruption. It isn’t the first time in recent memory that contemporary supply chains have been upended – the 2011 earthquake off the coast of eastern Japan is …

Wachtell Lipton on The CARES Act: Litigation and Enforcement Lessons from the Financial Crisis

By Jonathan M. Moses, Elaine P. Golin, Graham W. Meli, Getzel Berger and Daniel J. Brenner April 9, 2020 by renholding

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was signed into law on March 27, 2020, provides $2 trillion in emergency relief to individuals, small businesses, large corporations, and financial institutions.  This includes up to $349 …

Skadden Discusses Cybersecurity and Incident Response During Coronavirus Pandemic

By Bill Ridgway and Dan Scime April 6, 2020 by renholding

The spread of the novel coronavirus has upended Americans’ lives in a matter of months. While life outside has ground to a standstill in many regions of the country, much of corporate America is meeting the unique challenges posed by …

What Law and Economics Has to Say About Property Rights in Cryptocurrencies

By Roee Sarel April 2, 2020 by renholding

Technological advancements of recent years have given birth to a strange and interesting creature: cryptocurrencies like Bitcoin, Ether, and Facebook’s upcoming Libra. Many of the advantages offered by these tokens stem from their underlying technology – a decentralized ledger, which …

Simpson Thacher Discusses Covid-19 and Insurance Coverage

By Mary Beth Forshaw, Bryce Friedman and Karen Cestari March 25, 2020 by renholding

As the respiratory illness known as coronavirus disease 2019 (“COVID-19”) spreads across the globe, so too are its major impacts on businesses, financial markets, and international trade and commerce.  Business are confronting a range of losses related to the World …

Coronavirus: Paul Weiss Discusses Employment Law and Guidance for Employers

By Jeh C. Johnson, Brad S. Karp, Loretta E. Lynch, Jean M. McLoughlin and Liza M. Velazquez March 13, 2020 by renholding

On January 30, 2020, in response to the increasing global spread of the novel coronavirus (COVID-19), the World Health Organization declared a “Public Health Emergency of International Concern.” Within a day, the United States and Italy followed suit. Since then, …

Gibson Dunn Discusses CFIUS Reform and Final FIRRMA Rules

By Stephanie Connor, Judith Alison Lee, Jose Fernandez, R.L. Pratt and Scott R. Toussaint March 4, 2020 by hdh2120

On February 13, 2020, final regulations went into effect to expand the scope of inbound foreign investment subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”).

CFIUS is an inter-agency federal government …

How Common Ownership Can Lead to Tax Avoidance

By Danielle Chaim February 20, 2020 by renholding

In recent years there has been a surge in research that explores the sources of variation in corporate tax avoidance. Following this stream of research, tax scholars have begun to acknowledge the potential effect of ownership patterns on firms’ tax …

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How Does Soft Information Affect External Firm Financing?

By Thomas Chemmanur, Harshit Rajaiya and Jinfei Sheng January 24, 2020 by renholding

In recent years, there have been significant changes in the information environment facing firms. In particular, the explosive growth in computing power and the reduction in the costs of disseminating economically relevant information due to the widespread use of the …

The Future of the Large Law Firm: Growth, Mergers, and Inequality

By John C. Coffee, Jr. January 6, 2020 by renholding

By last count, there are now 29 U.S. law firms with at least 1,000 lawyers.[1]  In a few weeks, this number should rise to 32, primarily as the result of mergers.[2] My prediction is that this number will …

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