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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

The CLS Blue Lion logo Sky Blog

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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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Debevoise & Plimpton Discusses U.S. Guidance on New Russian Sanctions

By Alan V. Kartashkin, Satish M. Kini, Carl Micarelli, Sandeep S. Dhaliwal and Robert T. Dura November 24, 2017 by charlesbluesky

On Tuesday, October 31, the U.S. Departments of State and Treasury issued new guidance the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) relating to sanctions against Russia. This is in addition to guidance that the State Department previously issued on …

Economic Consequences of Hiring Wall Street Analysts as Investor Relations Officers

By Ole-Kristian Hope, Zhongwei Huang and Rucsandra Moldovan October 27, 2017 by renholding

Investor relations (IR) connects the preparers of financial information with its users, aiming to facilitate efficient and effective interaction between the firm and the investment community. Historically, the IR function has been viewed as a communications role, and the investor …

K&L Gates Discusses Two Decisions on When Consumers Can Sue Over Data Breaches

By Andrew C. Glass, David D. Christensen and Matthew N. Lowe October 23, 2017 by charlesbluesky

In two recent decisions, the Eighth Circuit addressed the hotly-litigated issue of when consumer plaintiffs have standing to pursue claims arising out of a data breach. The decisions stake out the Eighth Circuit’s positions on a current circuit split and …

Simpson Thacher Discusses Trump and GOP Lawmakers’ Tax Overhaul Plan

By Robert Holo October 18, 2017 by Carly Goeman

On September 27, President Trump, the House Committee on Ways and Means and the Senate Committee on Finance released their framework for tax reform (the “framework”), which represents the most detailed proposal for changes to the tax code issued during …

K&L Gates Discusses Tax-Free Cryptocurrency Transactions and Reporting Obligations

By Elizabeth Crouse, Mary Burke Baker, Rob Crea, Claire White and Rachel Trickett October 16, 2017 by charlesbluesky

As cryptocurrencies such as Bitcoin and Ethereum become more prevalent in investment circles
and acceptable for commercial transactions, the United States Internal Revenue Service (“IRS”)
has said little other than to label “virtual currencies” as property and state that transactions…

Wachtell Lipton Discusses the Classified Board Duels

By Martin Lipton and Daniel Bulaevsky July 6, 2017 by renholding

Professor Lucian Bebchuk has engaged in two rounds of law-review-article duels with Professor Martijn Cremers and Professor Simone Sepe over classified boards. The weapons were statistics (and common sense). Cremers and Sepe wore the classified-board-stakeholder colors; Bebchuk, the agency-model-shareholder-democracy colors. …

Arnold & Porter Discusses the Federal Reserve’s Focus on Fair Lending

By Robert C. Azarow, Eleni Zanias, Kevin M. Toomey and Robert B. Fischbeck June 20, 2017 by renholding

Fair lending compliance and community benefit plans are increasingly important factors in the merger and acquisition (M&A) approval process. In 2016 and the first quarter of 2017, the Board of Governors of the Federal Reserve System (Federal Reserve) approved 20 …

Proskauer Rose Discusses Mega-Mergers

By Colin Kass, John R Ingrassia and Rucha Desai June 15, 2017 by renholding

Efficiencies, economies of scale, and the general desire to improve the customer experience are the lifeblood of all mergers. And one of the most common efficiencies in any deal comes from enhanced purchasing power, or the ability to lower costs …

Principal Costs: A New Theory for Corporate Law and Governance

By Zohar Goshen and Richard Squire May 8, 2017 by renholding

For the last 40 years, the problem of managerial agency costs—corporate managers shirking duties and diverting resources—has dominated the study of corporate law and governance. Many scholars treat the reduction of agency costs as the essential function of corporate law …

PwC Offers 10 Key Points From Trump’s First 100 Days

By Dan Ryan, Mike Alix, Adam Gilbert and Roberto Rodriguez May 5, 2017 by renholding

In the 100 days since his election, President Trump and members of his cabinet have continued public calls for a rollback of Dodd-Frank and related regulations enacted since the financial crisis, while offering few concrete actions or proposals. Initially, Wall …

Federal Reserve Vice Chairman Stanley Fischer Discusses International Effects of Recent Policy Tightening

By Vice Chairman Stanley Fischer April 27, 2017 by Jeff Himelson

I appreciate your invitation to participate in this [April 19] panel discussion. In my remarks, I will discuss how U.S. monetary policy actions affect our foreign trading partners, with particular focus on how foreign economies have responded to the Federal …

Weak Corporate Culture Creates Risk of Inaccurate Financial Reporting

By Yuan Ji, Oded Rozenbaum and Kyle Welch April 19, 2017 by renholding

After almost every major financial-reporting scandal, news stories and congressional speeches inevitably follow, detailing how corporate culture encouraged and enabled fraud. For example, in September 2016, Wells Fargo CEO John Stumpf testified before the House Financial Services Committee regarding the

…

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 …

Blue Sky Banter: Elizabeth Cabraser on the Volkswagen Settlement

By Reynolds Holding March 30, 2017 by renholding

Elizabeth Cabraser, a renowned litigator and name partner in the plaintiffs’ law firm of Lieff, Cabraser, Heimann &  Bernstein, speaks with Reynolds Holding about settling the class action against Volkswagen for rigging emissions tests, the challenges of mass actions generally …

Covington & Burling on FDIC Vice Chair Hoenig’s Plan for Financial Holding Companies

By Mike Nonaka, Dwight Smith and Nikhil Gore March 28, 2017 by Carly Goeman

As has been widely reported, FDIC Vice Chairman Thomas Hoenig put forward in remarks to the Institute of International Bankers on Monday, March 13, a “Market-Based Proposal for Regulatory Relief and Accountability” (the “Hoenig Proposal” or the “Proposal”).  If …

Skadden Discusses the Current State of the U.S. Capital Markets

By Michelle Gasaway and Benjamin K. Marsh February 23, 2017 by Jeff Himelson

The U.S. capital markets experienced continued volatility throughout much of 2016, as the bond and equity markets were affected by a series of significant events: the November U.S. presidential election; the June Brexit vote; fluctuating oil prices over the course …

Arnold & Porter Discusses Restraining the Regulatory State Through the Congressional Review Act

By Dana Weekes, Sara Garofalo Linder, Roxana Boyd and Kevin O'Neill January 31, 2017 by Jeff Himelson

With a Republican sweep of Congress and the executive branch, there will be a concerted effort this year to reform and restrain the current regulatory state. The incoming Trump Administration and Republican Congress have a number of options to repeal …

Jones Day Discusses the OCC’s Latest Fintech Developments

By Chip MacDonald, Lisa M. Ledbetter, Stephen J. Obie, James C. Olson and Heith D. Rodman January 26, 2017 by Jeff Himelson

The Comptroller of the Currency (the “OCC”) has been working for over a year to develop a comprehensive framework to improve the OCC’s ability to identify and understand trends and innovations in the financial services industry, as well …

Happy Holidays

By Reynolds Holding December 24, 2016 by renholding

The Blue Sky Blog will be quiet for the next week, but we will be back, better than ever, for the New Year. Happy Holidays.…

Debevoise & Plimpton Explores the Outlook for Financial Reform Under Trump

By Satish M. Kini, David L. Portilla and Paul M. Rodel December 21, 2016 by renholding

Many expect Donald Trump’s inauguration as U.S. president and Republican majorities in both houses of the U.S. Congress will result in a revised financial regulatory framework. Preliminary indications from the Trump transition team have signaled substantial changes may be in …

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