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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 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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Congress

Davis Polk Discusses Crypto’s Integration into the Traditional Financial System

By Daniel P. Gibbons, Boaz B. Goldwater, Joseph A. Hall, Justin Levine and David L. Portilla August 22, 2025 by renholding

President Trump entered the White House in January 2025 promising to make the United States the “Crypto Capital of the World.” The federal agencies and Congress are responding with unprecedented speed to make that a reality.

In the depth of …

Redistricting Drives Congressional Demand for Corporate Financial Disclosures

By Ethan Rouen, Laura A. Wellman, Jing Pan and Matthew Ma May 21, 2025 by renholding

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 …

SEC Chair Testifies Before House Appropriations Subcommittee on Financial Services

By Paul S. Atkins May 21, 2025 by renholding

Chairman Joyce, Ranking Member Hoyer, and members of the Subcommittee. Thank you for inviting me to testify today.[1]

I am grateful for the opportunity to discuss the SEC, including our important mission on behalf of our fellow citizens, investors, …

Shadow SEC: The PCAOB Should Be Carefully Reviewed, Not Hastily Abolished

By John Coates, John C. Coffee, Jr., James D. Cox, Merritt B. Fox and Joel Seligman May 14, 2025 by renholding

We write in opposition to the hasty and opaque efforts underway to abolish the Public Company Accounting Oversight Board (PCAOB), the nonprofit organization that oversees audits of public companies and SEC-registered brokers and dealers in the United States, currently overseen …

What Trump’s Order Limiting FCPA Enforcement Means for Companies

By Alexander L.W. Snyder April 2, 2025 by renholding

On February 12, President Trump issued an Executive Order and Fact Sheet ordering, among other things, that the U.S. Attorney General cease initiation of any new FCPA investigations or enforcement actions for 180 days. As CEOs and boards of …

Reimagining Corporate Monitorships

By Todd Haugh and Hui Chen March 31, 2025 by renholding

On March 11, 2008, Congress held its first ever hearing on corporate monitors. The hearing began with questions to John Ashcroft, the former U.S. Attorney General who then headed a law and consulting firm, about why he had been given …

Shadow SEC: The Value of an Independent SEC

By Joel Seligman, John Coates, John C. Coffee, Jr., James D. Cox, Jill E. Fisch and Merritt B. Fox February 24, 2025 by renholding

Effective and well-designed laws governing investment and financial markets are the single most important foundation for financial markets to allocate capital efficiently while providing optimal reassurance to investors and lenders.  Strong empirical evidence shows the United States has a lower …

Corporate Lobbying of Executive Agencies

By Michelle Lowry and Ekaterina Volkova January 14, 2025 by renholding

While it is widely recognized that companies regularly lobby Congress, we show that most large public companies also lobby executive agencies. Given that executive agencies are not beholden to companies for campaign contributions, it is not clear whether agencies would …

Cleary Gottlieb Discusses How CFPB Has Fared Since Challenge to Its Funding Structure

By Nowell D. Bamberger, Elsbeth Bennett and Andrew Khanarian June 19, 2024 by renholding

The Supreme Court recently upheld the Consumer Financial Protection Bureau’s funding structure in a 7–2 decision that will likely pave the way for renewed regulatory activity by the agency in the near future.

Enacted as part of the Dodd-Frank Act, …

Davis Polk Discusses Crypto Market Structure Bill in U.S. House

By Joseph A. Hall, Billy Hicks, Justin Levine, Gabe Rosenberg and Zachary J. Zweihorn May 30, 2024 by renholding

In an important step forward, the House voted to pass a bill to establish a comprehensive regulatory framework for digital assets and offering important protections for customers. It could be improved by expressly discarding Howey, Reves or similar inherently …

Davis Polk Discusses New National Security Package

By Paul D. Marquardt, Will Schisa, Kendall Howell, Patrick Q. Sullivan and Charles Marshall Wilson May 9, 2024 by renholding

On April 24, 2024, President Biden signed into law the 21st Century Peace through Strength Act (the Act) as part of a broader foreign aid package providing funding to Taiwan, Ukraine, and Israel. The Act combines a series of unrelated …

Commissioner Dissents from SEC Rule on Climate-Related Disclosures

By Mark T. Uyeda March 7, 2024 by renholding
Today [March 6], much emphasis will be placed on how this rule has been dialed-back from the proposal, is focused on providing material information to investors, and that the Commission is not a climate regulator. To that, I emphasize the
…

SEC Commissioner Dissents from Denial of Petition to Change No-Admit, No-Deny Policy

By Hester M. Peirce January 31, 2024 by renholding

I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant

…

Calling Republicans’ Bluff on the Debt Ceiling – and Creating Contingency Plans

By Eric W. Orts May 16, 2023 by renholding

As Treasury Secretary Janet Yellen recently observed, the United States has not defaulted on its national debt since its founding in 1789, and we should not start now.[1] She also pointed out that Congress has raised the statutory ceiling …

4 Comments  

Time for a Broad Prophylactic against Congressional Insider Trading  

By John P. Anderson March 15, 2022 by renholding

In 2011, Peter Schweizer published a book, Throw Them All Out, exposing some questionable means by which politicians manage to increase their personal wealth 50 percent faster than the average American does.

Schweizer suggested that trading on material nonpublic …

Wachtell Lipton Criticizes Putting Politics in Bank Merger Antitrust Policy

By David S. Neill, Damian G. Didden and Emily E. Samra August 12, 2021 by renholding

Congressional critics of the agencies reviewing bank mergers have in recent months claimed that those agencies “rubber stamp” mergers and that merger review standards relating to antitrust are too lax.  We believe those critics are misinformed.

Bank …

Arnold & Porter Discusses Congressional Antitrust Reform Targeting Big Tech

By Debbie Feinstein, C. Scott Lent and Gregory M. Louer June 24, 2021 by renholding

Senior congressional antitrust leaders on both sides of the Capitol are taking steps to transition a long-running investigation into competition practices in the technology sector into legislative action. Activity kicked off on Friday, June 11, when the House Judiciary Committee’s …

Administrative Crimes: A Qualified Defense

By Daniel Richman June 7, 2021 by renholding

On his way out, President Trump sought to “protect Americans from overcriminalization” by trying to limit the criminal enforcement of regulatory offenses. Hostility to administrative crimes is growing at the Supreme Court too, in part as an outgrowth of concern …

Congress and the Insider Trading Prohibition Act: “Can’t Anybody Here Play This Game?”*

By John C. Coffee, Jr. May 25, 2021 by renholding

Last week, the House of Representatives passed the “Insider Trading Prohibition Act” (“ITPA”).[1] Proponents are hailing it as a triumph of bipartisan cooperation. Conversely, critics are calling it the “Insider Trading Protection Act.” This is because the bill codifies …

Wilson Sonsini Discusses Bill to Reshape U.S. Antitrust Enforcement

By Stuart Baimel, Beau Buffier, Jonathan Jacobson and Joshua Soven March 3, 2021 by Nisha Chandra

On February 4, Senator Amy Klobuchar introduced the Competition and Antitrust Law Enforcement Reform Act (CALERA), which provides for wide-ranging changes to the U.S. antitrust laws.[1] CALERA follows the release of a report last year by the staff of …

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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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Reuters
UK Budget Airline to Accept Takeover
July 5, 2026
Wall Street Journal
Why Billionaire Wants to Pay More Tax
July 5, 2026
Cleary Securities Watch
SEC Updates Debt Tender-Offer Rules
July 5, 2026
D&O Diary
Solar Panel Company Hit with Tariff-Related Securities Suit
July 5, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Harmonizes Conflicting Forum Selection Clauses
July 5, 2026
Reuters
US to End North American Trade Deal
July 1, 2026
Wall Street Journal
Scandals Shake Up McKinsey Board
July 1, 2026
Bloomberg
Exxon to Change Name Post-Redomicile
July 1, 2026
Financial Times
White House Lifts Anthropic Ban
July 1, 2026
D&O Diary
Federal Contractors Claim Fuzzy DEI Requirements Put Them at Risk
July 1, 2026
Delaware Corporate & Commercial Litigation Blog
The Key Delaware Corporate and Commercial Decisions of 2026 So Far
July 1, 2026
Bloomberg
TikTok Finalizes Addiction-Suit Deal
June 30, 2026
Cleary M&A Watch
Shareholder Activism at 2026 Midpoint
June 30, 2026
New York Times
AOL, Vimeo, Other Oldies Live Again
June 30, 2026
Financial Times
New “Claude” Seeks Pharma Revenue
June 30, 2026
D&O Diary
Securities Suits Up in Year’s First Half
June 30, 2026
Wall Street Journal
Remote Work Shrinks New-Grad Jobs
June 29, 2026
Dealbook
Comcast to Spin Off NBCUniversal
June 29, 2026
Financial Times
Scotus Rules Fed Governor Can Stay
June 29, 2026
D&O Diary
FTC, Then Shareholders, Sue Zillow
June 29, 2026
Yahoo Finance
SEC Probing PE Continuation Funds
June 29, 2026
Wall Street Journal
FIFA Ban a Stadium Sponsor Boon
June 28, 2026
Bloomberg
Flawed Robotaxis Making Headway
June 28, 2026
New York Times
OpenAI IPO May Wait Until Next Year
June 28, 2026
Cleary Securities Watch
Update on 2026 Shareholder Activism
June 28, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Limits of Delaware Notice Pleading
June 28, 2026
D&O Diary
Delaware Court: Bump-Up Clause Bars Shareholder-Suit D&O Coverage
June 28, 2026
D&O Diary
AI Governance Is a Fiduciary Duty
June 25, 2026
Justice Department
SPAC Ex-CEO Sentenced to 3 Years
June 25, 2026
Bloomberg
SEC Joins Prediction Market Fray
June 25, 2026
Deal Lawyers.com
Texas Biz Court Adresses “Affiliate” Under Drag-Along Rights Provision
June 25, 2026
Business Law Prof Blog
Nevada Starts Business Court Pilot
June 25, 2026
Bloomberg
Anthropic Accuses Alibaba of “illicitly” Accessing AI Models
June 24, 2026
Financial Times
Bitcoin Hits 20-Month Low
June 24, 2026
Cleary Securities Watch
CFTC Proposes New Rule on Oversight of Prediction Markets
June 24, 2026
D&O Diary
Case Shows How Pre-IPO Share Repurchases Create D&O Risks
June 24, 2026
Deal Lawyers.com
SEC Issues New CFI on Rights Listings in Business Combinations
June 24, 2026
Wall Street Journal
CEO Paydays Soar Past $200 Million
June 23, 2026
Bloomberg
Banks Capping Private Credit Exits
June 23, 2026
The Governance Beat
Audit-Committee Chair Top 10 Wishes
June 23, 2026
Financial Times
Paul Weiss Snags Bankruptcy Star
June 23, 2026
D&O Diary
Derivative Suit Alleges Uber is a “Serial Compliance Offender”
June 23, 2026
Wall Street Journal
SpaceX Readies Bond Market Debut
June 22, 2026
Bloomberg
Former Fed Chair Greenspan Dies
June 22, 2026
The Governance Beat
PwC Report Says Effective Governance Requires Boards and Management
June 22, 2026
D&O Diary
Texas Anti-ESG Effort Targets ISS
June 22, 2026
Deal Lawyers.com
U.S. Court Allows Shareholder Claims Over Regulatory Approval Disclosure
June 22, 2026
Reuters
Trump: Anthropic No Security Threat
June 21, 2026
Wall Street Journal
Hollywood Hits Pre-Pandemic Highs
June 21, 2026
Financial Times
Wars Drawing VCs to Defense Tech
June 21, 2026
D&O Diary
SEC’s Proposal to Ditch Quarterly Reporting Draws Heated Comments
June 21, 2026
Business Law Prof Blog
Delaware Chancery Issues First Decision Interpreting DGCL Section 144
June 21, 2026
Reuters
Startups Explore Orbital AI Data Centers
June 18, 2026
Bloomberg
AI Learns to Spot Toxic Bosses
June 18, 2026
Wall Street Journal
More Investors Seek Private Credit Exit
June 18, 2026
Financial Times
JPMorgan Cuts Claude Access in Asia
June 18, 2026
Deal Lawyers.com
Chancery Finds Selling Shareholders Didn’t Breach Right of First Refusal
June 18, 2026
Wall Street Journal
John Paulson Wins Puerto Rico Case
June 17, 2026
New York Times
Musk May Merge SpaceX, Tesla Next
June 17, 2026
The Governance Beat
Can SEC Act With Two Commissioners?
June 17, 2026
Financial Times
Trump Delays Jay Clayton Confirmation
June 17, 2026
Sidley Enhanced Scrutiny
Chancery Dumps Stockholder Claims as Derivative, Unripe, and Untimely
June 17, 2026
Bloomberg
Kalshi Aims to Expand Perpetual Futures
June 16, 2026
New York Times
SpaceX to Buy AI Startup for $60 Bln
June 16, 2026
D&O Diary
Securities Suit Over AI Hits Microsoft
June 16, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Offers Guidance on Enforcing, Changing Scheduling Orders
June 16, 2026
Business Law Prof Blog
The Latest in State Reincorporations
June 16, 2026
Wall Street Journal
Paramount Deal OK Stuns DOJ Staff
June 15, 2026
Delaware Business Litigation Report
Delaware Supreme Court Addresses Implied Covenant in Earnout Dispute
June 15, 2026
Freshfields' A Fresh Take
Climate-Disclosure Rescission Presages Fate of Other Disclosure Rules
June 15, 2026
D&O Diary
Bankruptcy and Securities Law Tangle in Class-Action Dismissal
June 15, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Clarifies Equitable Role in Setting Post-Judgment Interest
June 15, 2026
Bloomberg
Trump Taps New Top Wall Street Cop
June 14, 2026
D&O Diary
Private Credit Litigation Is Growing
June 14, 2026
Armstrong Teasdale Report
How SEC Chair’s First Year Has Gone
June 14, 2026
Bain Report
Private Equity Turnaround Deferred
June 14, 2026
Business Law Prof Blog
Buy Tesla Shares to Get SpaceX
June 14, 2026
Reuters
Uber, Lyft Sue NYC on Keep-Drive Law
June 11, 2026
Wall Street Journal
Trump Names Clayton Intelligence Chief
June 11, 2026
Bloomberg
SpaceX IPO Raises $75 Billion
June 11, 2026
D&O Diary
A Look Ahead at 2026 Proxy Season
June 11, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Says Lacks Jurisdiction Over Controller of Blockholder Director
June 11, 2026
Bloomberg
U.S. Refunds $22 Billion in Tariffs
June 10, 2026
Wall Street Journal
Fidelity to Make 401(k)s Like Pensions
June 10, 2026
New York Times
SpaceX’s IPO Could Turn 4,400 Employees Into Millionaires
June 10, 2026
Freshfields' A Fresh Take
EEOC Issues DEI Enforcement Plan
June 10, 2026
Financial Times
Top Goldman Exec Opposed David Solomon’s Backing of GC Ruemmler
June 10, 2026
Wall Street Journal
Kalshi to Require User Disclosures
June 9, 2026
Bloomberg
Social Security in Unexpected Trouble
June 9, 2026
Freshfields' A Fresh Take
FinCEN Whistleblower Program Debuts
June 9, 2026
Financial Times
SpaceX’s $1.78 Trln IPO Asks Investors to Buy Musk’s Moonshots
June 9, 2026
D&O Diary
Company Sues Over Short-and-Distort
June 9, 2026
New York Times
SpaceX About to Be in Your 401(k)
June 8, 2026
Freshfields' A Fresh Take
Congress Eyes China Biotech Deals
June 8, 2026
Financial Times
OpenAI Files to Go Public
June 8, 2026
D&O Diary
Why Exxon’s Texas Move Is Different
June 8, 2026
Deal Lawyers.com
Delaware Chancery Nixes Fiduciary Claims Over Failed Sale Process
June 8, 2026
Bloomberg
CFTC Ends Settlement Gag Rule
June 7, 2026
Reuters
Trump Pardons Congress Fraudster
June 7, 2026
New York Post
Short-Seller Andrew Left Seeks Mistrial
June 7, 2026
Corporate & Securities Law Blog
Scotus Upholds SEC Disgorgement
June 7, 2026
Business Law Prof Blog
Disclosure Does More Than Inform
June 7, 2026
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  • Business Law Prof Blog
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  • DealLawyers
  • Delaware Corporate and Commercial Litigation Blog
  • Gibson Dunn Securities Regulation and Corporate Governance Monitor
  • Harvard Law School Forum on Corporate Governance
  • How Appealing
  • PubCo @ Cooley
  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
  • The D&O Diary
  • Truth on the Market
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