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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
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board diversity

How Ethnic Diversity on Boards of Directors Shapes Supply Chains

By Yiwen Jin, Minjia Li and Jenny Li Zhang February 7, 2025 by renholding

In a new paper, we investigate whether and how ethnic diversity on boards of directors helps shape a firm’s supply chain. Our empirical findings from a sample of U.S. S&P 1500 firms from 2008 to 2020 show a positive effect …

Stock Exchange Rulemaking After the Fifth Circuit’s AFBR Decision

By James Fallows Tierney January 7, 2025 by renholding

Securities law often relies on stock exchanges and other self-regulatory organizations (SROs) to create rules that structure markets. The SEC reviews and must approve these rules if the agency finds they meet certain statutory requirements. SROs file over a thousand

…

Boardroom Demographic Diversity Hits Record Levels as Substantive Diversity Emerges

By Lawrence A. Cunningham December 10, 2024 by renholding

Fascinating trends are afoot in corporate boardrooms, according to data compiled by The Conference Board and its partners, including us at the University of Delaware’s Weinberg Center for Corporate Governance and collaborators from KPMG, Russell Reynolds, and ESGAUGE.

Our new …

Debevoise & Plimpton Discusses Key Considerations for the 2024 Annual Reporting Season

By Eric T. Juergens, Benjamin R. Pedersen, Paul M. Rodel, Alice Gu and Amy Pereira November 22, 2024 by ngodridge

As November comes to an end, the busy annual reporting and proxy season begins for many public companies. In this Client Update, we highlight key considerations for public companies when preparing their annual reports on Form 10-K or Form 20-F, …

How Comply-or-Explain Disclosure Regulation Can Improve Corporate Governance and Gender Equality

By Aaron A. Dhir, Sarah Kaplan and Maria Arabella Robles October 8, 2024 by renholding

In 2020, the Nasdaq stock market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, making Nasdaq the most …

Queers, Closets, and Corporate Governance

By Darren Rosenblum August 21, 2024 by renholding

Over the past couple of decades, we’ve witnessed enormous progress on LGBTQ+ issues. As a result, the closet remains largely off people’s radar – but for the generation of those who occupy corporate leadership positions, it’s very much a live …

How Shifting to Semi-Annual Financial Reporting Affects Market Dynamics and Governance

By Keren Bar-Hava July 18, 2024 by renholding

In recent years, regulatory shifts in financial reporting have garnered significant attention, especially concerning their implications for corporate governance and market dynamics. One notable change was the 2017 regulatory adjustment on the Tel-Aviv Stock Exchange (TASE), where small-cap firms were …

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How Board Diversity Compares in Private and Public Firms

By Johan Cassel, James Weston and Emmanuel Yimfor December 14, 2023 by renholding

In today’s rapidly evolving corporate landscape, the composition of boards is not just a matter of compliance or social responsibility; it’s a strategic imperative that shapes the future of firms. Amidst growing public scrutiny and socio-economic shifts, particularly following the …

What NASDAQ Disclosures Reveal About LGBTQ+ Representation and Overall Diversity in the Boardroom

By Fabrice Houdart October 13, 2023 by renholding

A ground-breaking study provides new data about diversity on the boards of directors of 3,031 companies (representing 2,503 U.S. and 528 foreign firms) listed on the NASDAQ stock exchange.

The demographic information in the study is based on voluntary self-identification …

The Roles of Boards, Executives, and Stakeholders in Attracting Women to U.S. Corporate Boards

By Lauren Cunningham and Laurie Ereddia July 6, 2023 by renholding

Over the last two decades, firms have been under growing pressure from investors, business leaders, and activists to increase female and minority representation on boards of directors. First adopted by Norway in 2003, regulations relating to boardroom gender diversity have …

Skadden Discusses Increasing Scrutiny of Companies’ ESG Disclosures — Including by ESG Critics

By Tansy Woan and Matthew M. Jang July 6, 2023 by renholding

As public interest and scrutiny into environmental, social and governance (ESG) issues continue to rise, companies face an ever-evolving landscape relating to their ESG disclosures. The Securities and Exchange Commission (SEC) has proposed rules that could require increased ESG disclosures. …

The Jigsaw Puzzle of Corporate Diversity Is Missing Some Pieces

By Akshaya Kamalnath July 3, 2023 by renholding

In a new book, I argue that the conversation about diversity in corporations (legal rules, policy discussions, academic writing, and media narratives) is missing some vital pieces. This means that we are making rules without understanding the full picture …

The Uncertain Role of Institutional Investors in Promoting Corporate Diversity

By Jill E. Fisch May 2, 2023 by renholding

On March 7, 2017, the eve of International Women’s Day, State Street Global Advisors initiated its “Fearless Girl” campaign, an effort to increase the number of female directors on the boards of its portfolio companies.[1]According to State Street, …

ISS Discusses Big EU Changes to Corporate Governance

By Oona Huttunen March 24, 2023 by renholding

The rationale behind a number of recent EU legislation changes focusing on corporate governance has been to prioritise a long-term focus on governance through various transparency measures as well as some concrete requirements for action, and on allowing shareholders and …

ISS Discusses Russell 3000 Boards Becoming More Diverse

By Paul Hodgson, Aditi Aier and Carmen Luk March 1, 2023 by renholding

There has been a lot of talk about how to increase racial and ethnic diversity on U.S. corporate boards as well as many initiatives to help nominating committees identify candidates from under-represented groups. To assess the current situation, ISS Corporate …

How Institutional Ownership and Board Diversity Affect Innovation

By Thi-Thanh Phan and Hai-Chin Yu February 1, 2023 by renholding

In a new paper, we investigate the relationships between institutional ownership, board diversity, and corporate innovation in U.S.-listed firms. Institutional investors play a crucial role in a firm’s operation and exert considerable influence on the efficient monitoring of innovative investment. …

Sustainability, Asset Redeployability, and Board Gender Diversity

By Thunyanee Pothisarn, Pattanaporn Chatjuthamard, Pornsit Jiraporn and Suwongrat Papangkorn January 25, 2023 by renholding

A vital yet surprisingly overlooked aspect of corporate sustainability is asset redeployability. Redeployable assets are those that can be used in several ways. Assets with high redeployability promote sustainability because they can be re-assigned for various purposes as circumstances change, …

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 Board Gender Quotas Affect Stock Prices

By Carlos Fernandez and Shams Pathan December 1, 2022 by renholding

Women have traditionally suffered from discrimination in the labor market (Tatli et al., 2013) and are under-represented in upper management (Thams, Bendell and Terjesen, 2018). To address this widespread gender imbalance, many countries have implemented gender diversity policies ranging from …

How Board Gender Diversity Affects the Relation between CSR and Firm Value

By Yunyi Li, Charl de Villiers, Lina Zixuan Li and Leye Li October 18, 2022 by renholding

The economic benefits of corporate social responsibility (CSR) and workplace gender diversity are areas of growing interest for business leaders and regulators. Research shows that socially responsible activities enhance firm value while irresponsible social activities destroy value and that firms …

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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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Gucci Beauty Unit, L’Oreal Near Deal
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Activism Evolves Quickly in 2025
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SEC Alters Enforcement, Wells Process
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Xi Rare Earth Move Gives Trump Chance
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J&J Sued in UK Over Baby Powder
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SEC 2025 Enforcement in Retrospect
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Cointelegraph
SEC’s Atkins: 10-Year US Lag on Crypto
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PCAOB to Cut Board Pay 20 Percent
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U.S. Judge Blocks Plan to Lay Off Thousands of Government Workers
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First Brands CEO Exits, Leaves Mess
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Reuters
How U.S. Is Eating Trump’s Tariffs
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OpenAI, Broadcom, Forge Chip Deal
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Prediction Market Expands Overseas
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SEC Sets Shareholder Proposal Demise
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D&O Diary
Securities Suit Defense Faces Trouble
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Bloomberg
SEC Chair Eyes Shareholder Proposals
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Reuters
SEC Eases IPO Path in Shutdown
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Business Law Prof Blog
Update on Moves to Texas, Nevada
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Reuters
Ford Also Backs Off EV Tax Credit Plan
October 9, 2025
Wall Street Journal
New York AG Indicted for Bank Fraud
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New York Magazine
Ponzi Charges Crash YouTube Empire
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Bloomberg
FirstBrands Fail Blind Sides Wall Street
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Chancery OKs Claim Insiders Got Non-Ratable Benefit from LLC Conversion
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Reuters
GM Backs Off EV Tax Credit Claim
October 8, 2025
Dealbook
Battery-Focused Power Firm Gets $1 Bln
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Sidley Enhanced Scrutiny
PSLRA Confusing Section 11 Litigants
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Is Claude the Next Napster?
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Law.com
SEC Facing Backlogs After Furloughs
October 8, 2025
Bloomberg
Fears of Trillion-Dollar AI Bubble Grow
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Reuters
Tesla’s “Affordable” Models Are Not
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Wall Street Journal
Megabanks Drive Regionals to Merge
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Cooley M&A
Shutdown Stalls Antitrust Enforcers
October 7, 2025
Dealbook
NYSE Parent to Buy Stake in Prediction Market Operator Polymarket
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U.S. to Take 10% of Alaska Mining Firm
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OpenAI, AMD Ink Massive Chip Deal
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How a Retail Voting Program Works
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FTC Challenges Zillow-Redfin Deal
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Deal Lawyers.com
Chancery Lets Fiduciary Duty Claims Proceed in Microsoft-Activision Deal
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Bitcoin Crosses Fresh Record High
October 5, 2025
Wall Street Journal
Startups Eating Big Food’s Lunch
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Reuters
Trump Eyes Greenland Rare-Earth Firm
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Delaware Chancery M&A Suit Settlements Rise in Number and Value
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Second Circuit Securities Decision May Suggest PSLRA Went Too Far
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Delaware Business Litigation Report
Delaware Supreme Court Reverses Chancery Dismissal of Rule 60(b) Claim
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How EU, California AI Acts Overlap
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Prophecy Asset Mgmnt Sued for Fraud
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Judge Nixes NFT Artist Suit Against SEC
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Judge Keeps SEC Twitter Suit in DC
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Yahoo Nears AOL Sale for $1.4 Billion
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Bloomberg
Automakers Extend $7,500 EV Discount
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How Plaintiffs Are Dodging Delaware
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Securities Regulation and Corporate Governance Monitor
How Shutdown Affects SEC Operations
October 1, 2025
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Chancery Says Late Statement Doesn’t Waive Post-Closing Adjustment
October 1, 2025
Bloomberg
Pfizer Gets Three-Year Tariff Reprieve
September 30, 2025
Wall Street Journal
Boeing Starts on 737 MAX Replacement
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Reuters
AstraZeneca’s U.S. Listing May Pull Other Companies from London
September 30, 2025
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Bankruptcy Statistics Prompt Worry
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Bloomberg
Atkins Touts SEC-CFTC Crypto Work
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Bloomberg
Google Settles Trump Suit for $24.5 Mln
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Wall Street Journal
Javice: 7 Years for Fraud on JPMorgan
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Dealbook
EA’s $55 Bln Buyout Is Biggest Ever
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The Governance Beat
Texas Probes ISS, Glass Lewis on ESG
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Financial Times
Let Market Set Reporting Frequency
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Bloomberg
EA Buyout Talk Highlights Gaming Fall
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Reuters
Boeing Settles Wrongful-Death Suit
September 28, 2025
Wall Street Journal
Regulators Scrutinize Unusual Trading Ahead of Crypto-Treasury Deals
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Business Law Prof Blog
Nevada Forms Biz Court Commission
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Bloomberg
Trump Order Puts TikTok at $14 Billion
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Wall Street Journal
Autos Flash US Economy Warning Sign
September 25, 2025
Cleary M&A Watch
To Arbitrate or Not? Firms Can Choose
September 25, 2025
Dealbook
Germany Woos Indian Workers US Scared
September 25, 2025
Freshfields' A Fresh Take
SEC Case Tests Private Fund Managers
September 25, 2025
MSNBC
Comey Indictment Expected Soon
September 24, 2025
Bloomberg
Intel Seeks Investment From Apple
September 24, 2025
Wall Street Journal
Trial Lawyers Breaking Up With Big Law
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ExxonMobil Files Solicitation Materials for Retail Opt-In Voting Program
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SEC: Online RadioShack a Ponzi Scheme
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Sinclair, Nexstar Won’t Air Kimmel
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Chancery Partially Vacates Expert’s Findings in Acquisition Price Dispute
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Dealbook
New Meta PAC Aims to Boost AI
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Bloomberg
No Quarterly Reports Portends Shakeup
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SEC Chief Seeks Crypto Rule Exemption
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Bloomberg
IPOs Revive, Private Market Still Soars
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Reuters
Nvidia to Put Up to $100 Bln in OpenAI
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Wall Street Journal
Treasury Boss Hints at Argentina Rescue
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New York Times
H-1B Visa Tiff Roils Firms, Geopolitics
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D&O Diary
Killing Quarterly Reports Is a Bad Idea
September 21, 2025
Bloomberg
SEC Drops Allen Stanford-Related Case
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Delaware Corporate & Commercial Litigation Blog
Chancery: Personal CEO Data Irrelevant
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Deal Lawyers.com
How Big Beautiful Bill Affects M&A
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Business Law Prof Blog
Texas Puts Culture Over Governance
September 21, 2025

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