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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
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blockchain

Bringing Accountability Back to Decentralized Finance

By Vanessa Villanueva Collao June 25, 2025 by renholding

The promise of decentralized finance (DeFi) was that it would replace often conflict-ridden financial intermediaries and hierarchies with automated systems that we could trust. The reality, however, is that DeFi has not eradicated conflicts or trust issues but shifted them …

Comment  

A&O Shearman Discusses SEC Position on the Securities Status of Protocol Staking Activities

By Dario de Martino and Susan Gault-Brown June 16, 2025 by renholding

On May 29, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a statement concluding that certain proof-of-stake blockchain “staking” activities do not involve the offer or sale of “securities” within the meaning of the Securities …

Comment  

Wachtell Lipton Discusses Cryptoasset Developments: Continued Progress Toward U.S. Regulatory Clarity

By Kevin S. Schwartz and David M. Adlerstein June 9, 2025 by renholding

As regulators and policymakers across the federal government press forward with creating long-sought rules of the road for the cryptoasset industry, several recent developments bear particular significance for the promise of the decentralized internet, or Web3. Among these is the …

1 Comment  

SEC Commissioner Dissents from Staff Statement on Protocol Staking Activities

By Caroline A. Crenshaw May 30, 2025 by renholding

Channeling the old adage of “fake it ‘till you make it,” today’s statement from the Division of Corporation Finance declares that “protocol staking” – locking up crypto tokens in a blockchain protocol to earn rewards – does not involve an …

Comment  

SEC Chair Speaks on Tokenization at Crypto Task Force Roundtable

By Paul S. Atkins May 13, 2025 by renholding

The topic of this afternoon’s discussion is timely as securities are increasingly migrating from traditional (or “off-chain”) databases to blockchain-based (or “on-chain”) ledger systems.[1]

This movement of securities from off-chain to on-chain systems is akin to the transition of
…
Comment  

SEC Commissioner Peirce Proposes Safe Harbor, Sandbox for Crypto on Blockchain

By Hester M. Peirce May 9, 2025 by renholding

Welcome to the penultimate day of the SEC’s 31st International Institute for Securities Market Growth and Development. Before I begin, as I am sure you anticipate based on what you have heard from many SEC speakers this week, my …

1 Comment  

U.S. Banking Agencies’ Shift Toward Crypto Integration

By David Krause May 8, 2025 by renholding

In April 2025, the landscape of U.S. crypto regulation shifted significantly. Three of the country’s principal bank regulators – the Federal Reserve, the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) – jointly …

Comment  

Davis Polk Discusses SEC’s Crypto Assets and Cyber Unit

By Greg D. Andres, Robert A. Cohen, Martine M. Beamon, Stefani Johnson Myrick and Fuad Rana March 13, 2025 by eorozco

Changes to the SEC’s specialized crypto enforcement unit signal a reduced focus on non-fraud crypto cases and increased prioritization of traditional cybersecurity issues, use of emerging technologies to defraud retail investors and crypto cases involving fraud.

On February 20, 2025, …

Decentralized Markets and Self-Regulation

By Yuliya Guseva January 31, 2025 by renholding

The United States is ushering in a new era of crypto reforms. Only a few days ago, Mark Uyeda, the acting chair of the Securities and Exchange Commission (SEC), announced the formation of the Crypto Task Force to be spearheaded …

Governing the Crypto Revolution: What Business Can Teach Us

By Sinclair Davidson January 20, 2025 by renholding

Blockchain technology promises a future where intermediaries, such as banks and governments, are no longer necessary to facilitate transactions or enforce rules. Instead, trust is embedded directly into the system through cryptography and consensus mechanisms. Blockchains underpin cryptocurrencies …

Cahill Discusses Potential Impact of 2024 Election Results on Crypto Sector

By Lewis Cohen, Sarah Chen and Morrease Leftwich November 22, 2024 by eorozco

The election of Donald Trump to a second term as President signals the potential for a fundamental shift in the U.S. regulatory landscape for users of crypto assets and blockchain technology across a variety of sectors, including gaming, art and …

Smart Contract Arbitration Should Balance Transparency With Anonymity

By Bahadir Köksal September 27, 2024 by renholding

In the rapidly evolving world of blockchain technology, smart contracts have emerged as a revolutionary tool for documenting transactions. These self-executing contracts, with terms transcribed directly into code, are designed to automate and enforce agreements without the need for intermediaries.

…

How to Regulate FinTech, Crypto Assets, DeFi, and Other Financial Innovations

By Steven L. Schwarcz April 10, 2024 by renholding

In a new article, I attempt to build a systematic framework for regulating FinTech-driven innovations. In doing so, I clarify and simplify the confusing terminology that makes FinTech appear more complicated than it is.

“FinTech” refers to the use of …

How the Automated Restructuring of Tokenized Securities Can Lower the Cost of Capital

By Michael Schillig, Christoph Kletzer and Andrei Balcau February 8, 2024 by renholding

In a recent paper, we make the case for a smart contract-based automated restructuring framework that can be used by any firm that issues equity and debt securities in tokenized form. The paper is the basis for an actual smart-contract …

Fintech and the False Promise of Techno-Solutionism

By Hilary J. Allen January 25, 2024 by renholding

For about a decade, financial regulators have been grappling with the rise of fintech and the ways it disrupts financial regulation.  But something is often lacking in these policy conversations. In a new draft article, I argue that financial …

The Current Securities Landscape of Cryptocurrencies and NFTs

By Christa J. Laser December 1, 2023 by renholding

The value of assets on the blockchain has soared to billions of dollars, stored everywhere from Bitcoin to Bored Ape Yacht Club NFTs to play-to-earn gaming. Some of those assets, though, have crashed and burned in the wake of market …

Can the Uniform Commercial Code Help Save Bitcoin from Speculators?

By Mark Edwin Burge October 23, 2023 by renholding

As the original cryptocurrency, Bitcoin has received more than its share of exposure, including as a harbinger of the possibilities of blockchain.  Since the 2008 brainchild of Satoshi Nakamoto hit the internet, supporters of the original cryptocurrency have lauded it …

How Blockchain Could Improve the Global Supply Chain

By Chang-hsien Tsai and Ching-Fu Lin May 10, 2023 by renholding

Global supply chains (GSCs) have become increasingly complex and fragmented over the last few decades due to advances in transportation and production technology, economic globalization, and the emergence of multinational corporations (MNCs). Despite their benefits, GSCs present significant risks of …

Wachtell Lipton Discusses Key Issues for Boards in Corporate Governance for 2023

By Martin Lipton, Steven A. Rosenblum, Karessa L. Cain and Hannah Clark December 6, 2022 by renholding

While the world recovers from the worst of the pandemic, the economic, political and social repercussions will continue to play out in ways that, while unpredictable, are in some respects characterized by observable patterns of cause-and-effect and cyclicality.  The pendulum …

How to Move from Local to Global Regulation of Crypto-Assets

By Roee Sarel, Hadar Y. Jabotinsky and Israel Klein August 5, 2022 by renholding

On July 7, 2022, the U.S. Department of Treasury (USDT) published a fact-sheet on the regulation of digital assets(a.k.a. crypto-assets) in which it emphasized the need for global cooperation. However, this fact-sheet is only a drop in an ocean …

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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Bloomberg
Apple Can’t Shake DOJ Antitrust Case
June 30, 2025
New York Times
Investors Fear Shadow Fed Chair
June 30, 2025
Freshfields' A Fresh Take
SEC Changes Course on Priorities
June 30, 2025
D&O Diary
Securities Suits Filed at 2024 Pace
June 30, 2025
Deal Lawyers.com
Delaware Chancery OKs Claims of Tortious Interference With a Deal
June 30, 2025
The Governance Beat
PCAOB May Yet Survive
June 29, 2025
D&O Diary
Investor Suits Hit Weight Loss Drugs
June 29, 2025
Bloomberg
SEC Rethinks Market Surveillance Tool
June 29, 2025
CoinDesk
Ripple Battle With SEC Is Over
June 29, 2025
Securities and Exchange Commission
SEC Issues Report on Changes in M&A
June 29, 2025
Bloomberg
Trade Deals Stall on More Tariffs Fear
June 26, 2025
Reuters
Elon Musk Confidant Exits Tesla
June 26, 2025
Dealbook
Trump Weighs Fed Chair Shakeup
June 26, 2025
Wall Street Journal
Public May Soon Bet on SpaceX Stock
June 26, 2025
Business Law Prof Blog
Ripple Has Juice, but Not at SDNY
June 26, 2025
Bloomberg
GOP Mulls Mega-Rich Tax in Trump Bill
June 25, 2025
Wall Street Journal
Shell in Early Talks to Acquire BP
June 25, 2025
Reuters
Fannie, Freddie to Consider Crypto Holdings in Making Loan Assessments
June 25, 2025
Dealbook
OpenAI Eyes Autonomous Vehicle Biz
June 25, 2025
Sidley Enhanced Scrutiny
Texas Tweaking Its Business Court
June 25, 2025
Reuters
CFPB Cuts Cost Consumers $18 Bln?
June 24, 2025
Delaware Business Litigation Report
Delaware Supreme Court Nixes Suit over TripAdvisor’s Move to Nevada
June 24, 2025
Freshfields' A Fresh Take
DOJ Gives Illegal-DEI Cases Priority
June 24, 2025
The Governance Beat
Vanguard to Split Into Two Advisers
June 24, 2025
D&O Diary
How AI May Change MD&A Language
June 24, 2025
New York Times
Boeing Quiet at Paris Air Show
June 23, 2025
Freshfields' A Fresh Take
Industry Bureau Rescinds AI Rule
June 23, 2025
The Governance Beat
Texas Seeks to Limit Proxy Advisers
June 23, 2025
Bloomberg
U.S. Audit Board Survives GOP Axe
June 23, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Addresses Notice Provisions for Redemption Requests
June 23, 2025
D&O Diary
Suit Says Reddit Downplayed Impact of Google AI-Related Changes
June 22, 2025
Financial Times
SEC Scraps Proposed Market Rules
June 22, 2025
National Law Review
No Scotus Cert in Disgorgement Suit
June 22, 2025
Deal Lawyers.com
Delaware Supreme Court Nixes $400 Million Aiding, Abetting Judgment
June 22, 2025
Business Law Prof Blog
What Is “Fraud” Anyway?
June 22, 2025
Bloomberg
Tariffs May Hike Prices $2000 Per Car
June 19, 2025
Reuters
Google Faces EU Antitrust Setback
June 19, 2025
Wall Street Journal
Trump Delays TikTok Ban a Third Time
June 19, 2025
New York Times
WhatsApp Introduces Ads to App
June 19, 2025
Reuters
Nippon Steel-U.S. Steel Deal Closes
June 18, 2025
D&O Diary
AI-Washing Suit Hits Healthcare Firm
June 18, 2025
Sidley Enhanced Scrutiny
Delaware Supreme Court Says When Concealment Resets Limitation Period
June 18, 2025
Bloomberg
Goldman Sachs Ditches Ban on SPACs
June 18, 2025
Wall Street Journal
U.S. Senate Passes Stablecoin Bill
June 18, 2025
D&O Diary
New DOJ White Collar Enforcement Policy Pressures Caremark Obligations
June 17, 2025
Bloomberg
Top Crypto Betting Tool Nears Debut
June 17, 2025
Law.com
Why Cybercriminals Targeting Law Firms with Voice Phishing
June 17, 2025
Financial Times
Crypto Group Tron to Go Public
June 17, 2025
Wall Street Journal
Obscure Chinese Stock Scams Dupe Thousands of U.S. Investors
June 17, 2025
Reuters
Purdue Opioid Deal Wins State Approval
June 16, 2025
Wall Street Journal
OpenAI Tension With Microsoft Rises
June 16, 2025
Freshfields' A Fresh Take
Scotus Weighs In on Aiding, Abetting
June 16, 2025
The Governance Beat
SEC Nixes Shareholder Proposal Plan
June 16, 2025
Bloomberg
S&P 500 CEOs Turning to Bodyguards
June 16, 2025
Deal Lawyers.com
Delaware Chancery Addresses Damages in Alexion Earnout Litigation
June 16, 2025
D&O Diary
Company Risks Rise in Global Trade War
June 15, 2025
Bloomberg
Stablecoins Put Crypto Near Mainstream
June 15, 2025
CoinDesk
Ripple Gets Back $75 Mln in Penalties
June 15, 2025
Securities Regulation and Corporate Governance Monitor
SEC Announces Leadership Changes
June 15, 2025
Business Law Prof Blog
Update on Nevada Reincorporations
June 15, 2025
Reuters
IPO Market Bounces Back
June 12, 2025
Wall Street Journal
Lawmakers Traded as Tariffs Imposed
June 12, 2025
Bloomberg
Crypto Enforcement Now Up to States
June 12, 2025
Justice Department
DOJ Criminal Chief Speaks on FCPA
June 12, 2025
Deal Lawyers.com
Delaware Chancery Addresses Exculpation Defense in Fiduciary Duty Case
June 12, 2025
Wall Street Journal
U.S. Nuclear Energy Reboots
June 11, 2025
Dealbook
Lawyer Richard Beattie Dies at 86
June 11, 2025
D&O Diary
What Can Directors Keep Private?
June 11, 2025
Reuters
Scotus Rejects Challenge to FINRA
June 11, 2025
Bloomberg
Senate GOP Plan Erases Audit Board
June 11, 2025
D&O Diary
Alphabet Settles Antitrust-Related Derivative Lawsuit for $500 Million
June 10, 2025
Bloomberg
Trump Vows Change Little at Law Firms
June 10, 2025
Reuters
SEC Says Existing Cuts Met DOGE Goal
June 10, 2025
Wall Street Journal
DOJ Focus Narrows in FCPA Cases
June 10, 2025
PubCo @ Cooley
Firms Face New Climate Strategy EOs
June 10, 2025
Bloomberg
Disney Buys Comcast’s Hulu Stake
June 9, 2025
Delaware Business Litigation Report
Delaware Chancery Nixes Liability for Wholly-Owned Subsidiary’s Parent
June 9, 2025
New York Times
Meta in Talks to Invest in Scale AI
June 9, 2025
Freshfields' A Fresh Take
SEC Rethinks Foreign Private Issuers
June 9, 2025
Deal Lawyers.com
Delaware Chancery Grants Motion to Certify Constitution Issues on SB 21
June 9, 2025
Reuters
Japan Sees Progress in U.S. Tariff Talks
June 8, 2025
Wall Street Journal
DOGE Staffers Fear Getting DOGE’d
June 8, 2025
Bloomberg
BlackRock, Vanguard in Collusion Case
June 8, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Assesses Damages for Unfair Valuation
June 8, 2025
Deal Lawyers.com
Structural Antitrust Remedies Are Back
June 8, 2025
The Block
Digital CLARITY Act Faces Turbulence
June 5, 2025
Reuters
Madoff Scam Recovery Tops $15 Billion
June 5, 2025
Bloomberg
Is CFTC Headed for One Commissioner?
June 5, 2025
Deal Lawyers.com
Delaware Chancery Addresses Preferred v. Common Conflict in Firm Sale
June 5, 2025
Business Law Prof Blog
Internal Affairs Doctrine in the Hot Seat
June 5, 2025
New York Times
Germans Buy EVs but Shun Teslas
June 4, 2025
Freshfields' A Fresh Take
FTC Returns to Structural Remedies
June 4, 2025
The Governance Beat
Most CEOs Want a Director Gone
June 4, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Slams Another Unripe Bylaw Challenge
June 4, 2025
Bloomberg
Ripple, Judge in Settlement Standoff
June 4, 2025
Wall Street Journal
Wells Fargo Allowed to Grow Again
June 3, 2025
Delaware Business Litigation Report
Delaware Supremes Examines Contractual Ambiguity of Waiver Clauses
June 3, 2025
Securities and Exchange Commission
Crypto Security Status Gets Muddier
June 3, 2025
CoinDesk
Coinbase Seeks US Court for Oregon Suit
June 3, 2025
Reuters
Scotus Turns Away Challenge to FINRA
June 3, 2025
D&O Diary
Circuit Split Means PSLRA Headache
June 2, 2025
Barron's
SEC Will Suffer Long Musk Hangover
June 2, 2025
Reuters
SEC Takes Aim at AI Washing
June 2, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Supreme Court Addresses Fraudulent Concealment Post-Closing
June 2, 2025
Deal Lawyers.com
CFIUS Boosts Foreign-Firm Enforcement
June 2, 2025
Securities Litigation & Enforcement
Securities Suit Settlements Get Smaller
June 1, 2025
CoinDesk
Begging for Crypto Bailouts Not OK
June 1, 2025
Bloomberg
How Trump Attacks on Regulators Threaten Agency Independence
June 1, 2025
Deal Lawyers.com
Delaware Chancery OKs Unequal Payments Under Good Faith Covenant
June 1, 2025
Business Law Prof Blog
Internal Affairs Doctrine Gets Workout
June 1, 2025

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