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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

How Raising Equity During Economic Downturns Can Reduce Financial Strain

By Styliani Panetsidou and Angelos Synapis October 4, 2024 by renholding

Economic downturns disrupt firms’ operations and strategic decisions and impair their financial health. During the recent pandemic, for example, many companies were forced to reduce expenses or lay off employees, driving the U.S. unemployment rate to 14.7 percent in 2020, …

A Pressing Topic for the Corporate Social Voice

By Michael W. Peregrine and Kenneth Kaufman January 20, 2023 by renholding

The frightening deficiencies in U.S. public health preparedness are an appropriate, and pressing, topic to be addressed by the recently dormant corporate social voice.

One of the central tenets of the corporate social responsibility movement is a broader perspective on …

Wachtell Lipton Discusses Stakeholder Capitalism and ESG as Tools for Value Creation

By Martin Lipton, David M. Silk and Carmen X.W. Lu June 16, 2022 by renholding

Recent high profile investigations into greenwashing, the ongoing war in Ukraine and soaring energy costs have prompted questions as to the purpose and value of ESG, and more broadly, stakeholder capitalism.  Some have criticized stakeholder capitalism and ESG as “woke” …

1 Comment  

Do Investor Reactions Differ Across the Lifecycle of ESG Initiatives?

By Shannon Garavaglia, Ben W. Van Landuyt, Brian J. White and Julie R. Irwin June 14, 2022 by renholding

Firms often take on environmental, social, and governance (ESG) initiatives to increase their sustainability and the positive feelings among investors. However, specific ESG initiatives, like all business initiatives, rarely continue indefinitely, and “pruning” them is an integral part of firms’ …

Katten Discusses Shareholder Litigation Risk in an Unstable Geopolitical Environment

By Richard Zelichov and Trevor T. Garmey May 26, 2022 by renholding

Over the past two years, U.S. public companies faced an unpredictable risk environment.  Two geopolitical crises – the Covid-19 pandemic, and the Russian invasion of Ukraine – strained international supply chains and destabilized financial markets.

It is tempting to view …

Poison Pills in a World of Activism and ESG

By Caley Petrucci and Guhan Subramanian May 23, 2022 by renholding

Since the creation of the poison pill in the 1980s as a response to hostile takeovers, the corporate world has seen the rise of stakeholder governance, ESG, and stockholder activism and a host of other dramatic developments. The stock market …

Does Stakeholder Outrage Affect Executive Compensation?

By Attila Balogh, Danika Wright and Jason Zein May 6, 2022 by renholding

One-third of S&P 1500 CEOs reduced their base salary in 2020 as the onset of the coronavirus pandemic caused widespread economic disruption. These pay cuts were often accompanied by press releases that emphasized notions of CEOs “leading from the front,” …

The Most Dangerous Branch: Is the Supreme Court Dismantling the Administrative State?

By John C. Coffee, Jr. March 7, 2022 by renholding

At first glance, the question posed above may sound slightly paranoid. Still, sometimes a measure of paranoia may be justified. In any event, this column is less a prediction of the future than a review of what is actually happening, …

ISS Discusses Shareholder Class Actions Related to Covid-19

By Jeff Lubitz February 21, 2022 by renholding
As the world completes a full two years of navigating the perils of the Coronavirus pandemic, U.S. shareholders continue to file class action complaints alleging companies with various acts of fraud related to COVID-19.

As previously reported by ISS Securities

…

Wachtell Lipton Discusses Corporate Bankruptcy and Restructuring: 2021-2022

By Amy Wolf, Emil Kleinhaus, John Sobolewski, Joseph Celentino and Michael Cassel February 15, 2022 by renholding

While the Covid‑19 pandemic continued into 2021, the sharp rise in corporate bankruptcies that we saw in 2020 did not.  Due to unprecedented government assistance and the continued availability of credit at historically low interest rates, companies that survived 2020 …

1 Comment  

Cleary Gottlieb Discusses the Virtual Board Room in the Post-Pandemic Era

By Jeffrey D. Karpf and Fernando A. Martinez January 18, 2022 by renholding

Almost two years into the COVID-19 pandemic, it is clear that the corporate workplace has changed for good. As the world continues to reopen and companies return to the office, what we are returning to is not business as usual, …

1 Comment  

How Company Responses to Presidential Statements or Policies Affect Share Price

By Jehan El-Jourbagy December 24, 2021 by renholding

In a recent piece, I argue  that corporate leaders should not shy away from making a public statement if they believe it is the right thing to do and consistent with the corporation’s values.[1]

The opportunities to speak are …

The Impact of Retail Investors on Stock Liquidity and Crash Risk

By Felix Hüfner and Jan-Oliver Strych December 10, 2021 by renholding

The influence of retail investors on the stock market is controversial among experts. Some studies conclude that retail investors are uninformed, overconfident investors who assess risk poorly and thus destabilize the financial markets (e.g., Grinblatt and Keloharju, 2009; Barber and …

Shocking Business Bankruptcy Law

By Melissa B. Jacoby November 10, 2021 by renholding

In a recent essay, Shocking Business Bankruptcy Law, I discuss how crisis is used strategically to push legal boundaries in large chapter 11 cases in ways that are not readily reversed. I focus primarily on two phenomena. The first …

2 Comments  

COVID to Test Bankruptcy Infrastructure

By Robert K. Rasmussen October 26, 2021 by renholding

The COVID pandemic prompted  global economic problems that many predicted would lead to an unprecedented number of corporate bankruptcies. The predictions were wrong, largely because governments responded with extraordinary measures. Congress, for example, pumped trillions of dollars into the U.S. …

Management Guidance Withdrawals During the Pandemic

By Ole-Kristian Hope, Congcong Li, Mark (Shuai) Ma and Xijiang Su October 19, 2021 by renholding

The novel coronavirus (COVID-19) pandemic has drastically affected the global economy and offers a unique setting to investigate firm and market behavior through periods of heightened economic uncertainty. During the pandemic, many U.S. public firms withdrew their quarterly and annual …

Economic Downturns and the Informativeness of Management Earnings Forecasts

By David A. Maslar, Matthew Serfling and Sarah Shaikh October 15, 2021 by renholding

Economic downturns brought about by events such as the financial crisis and COVID-19 pandemic create substantial uncertainty for companies. While some firms endure the downturns unscathed or even thrive, others see their businesses decline drastically and their bankruptcy risk increase. …

COVID-19, Corporate Leverage, and Financial Fragility

By Sharjil M. Haque and Richard Varghese October 5, 2021 by renholding

The COVID-19 pandemic and efforts to combat its spread were an unprecedented shock to corporate cash flows and consequent need for external financing. How did corporate leverage respond? More important, what does the impact on leverage mean for financial stability? …

1 Comment  

CSR and Firm Survival: Evidence from the Pandemic and the Climate Crisis

By Thomas Chemmanur, Dimitrios Gounopoulos, Panagiotis Koutroumpis and Yu Zhang October 1, 2021 by renholding

The global challenges of climate change and COVID-19 have created a grim economic outlook, with companies fighting for their very survival. As a result, companies are boosting their brands, and ability to compete, with Corporate Social Responsibility (CSR) programs. The …

Fragile Financial Regulation

By Pradeep Yadav and Yesha Yadav September 14, 2021 by renholding

As COVID-19 rocked financial markets in March 2020, the Treasury market failed to perform its role of maintaining financial stability. Unable to respond to the surge of investors liquidating their Treasury holdings to raise cash, the secondary market ground to …

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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
Why Apple Hasn’t Cracked AI
May 18, 2025
Reuters
Boeing Near Deal to Avoid Guilty Plea
May 18, 2025
Wall Street Journal
GM Pushes to Tank State EV Mandate
May 18, 2025
Dealbook
Silicon Valley Bank Issues Persist
May 18, 2025
Business Law Prof Blog
Texas Enacts Corporate Law Reform
May 18, 2025
Wall Street Journal
UnitedHealth Probed for Medicare Fraud
May 15, 2025
Freshfields' A Fresh Take
Delaware Entire Fairness Still Thrives
May 15, 2025
D&O Diary
The U.S. DEI Risks for Multinationals
May 15, 2025
Securities Regulation and Corporate Governance Monitor
SEC Updates Rule 10b5-1 Guidance
May 15, 2025
Corporate & Securities Law Blog
SEC Chair Outlines Crypto Reform
May 15, 2025
Bloomberg
Harvard Prez Cuts Pay Amid Trump Tiff
May 14, 2025
Dealbook
What Trump, CEOs Got in Riyadh
May 14, 2025
Freshfields' A Fresh Take
California Narrows AI Regulations
May 14, 2025
D&O Diary
Is Private Credit a Good D&O Risk?
May 14, 2025
U.S. Treasury
Treasury to Fast Track Foreign Investors
May 14, 2025
Corporate & Securities Law Blog
Oregon Suit Muddies Crypto Rules
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Reuters
UnitedHealth CEO Leaves Abruptly
May 13, 2025
Bloomberg
Starbucks Baristas Strike Over Dress
May 13, 2025
New York Times
German Firms Wary of U.S. Investing
May 13, 2025
D&O Diary
The Post-Jarkesy, Atkins SEC
May 13, 2025
Wall Street Journal
The Trump Family Crypto Business
May 13, 2025
Reuters
Apple Mulls Raising iPhone Prices
May 12, 2025
Bloomberg
AMC to Cut Tix Price on Wednesdays
May 12, 2025
Wall Street Journal
Tax Plan Would Raise SALT Deduction
May 12, 2025
Dealbook
U.S.-China Trade Deal a Bit Hazy
May 12, 2025
D&O Diary
Supreme Court’s Cornell Case May Have Limited Impact on ERISA Fiduciaries
May 12, 2025
Wall Street Journal
United, American in O’Hare Turf War
May 11, 2025
Bloomberg
Toyota Bears Brunt of Trump Tariffs
May 11, 2025
New York Times
British Airways Buys 32 Boeing Planes
May 11, 2025
CoinDesk
SEC, Ripple Ink $50 Mln Settlement
May 11, 2025
Business Law Prof Blog
Securities Suit Based on a Murder
May 11, 2025
Reuters
Citi Faces $1 Bln Suit on Mexico Fraud
May 8, 2025
Wall Street Journal
Firm Loses Lawyers Over Trump Deal
May 8, 2025
D&O Diary
Can Event-Driven Securities Class Actions Include Murder of the CEO?
May 8, 2025
Sidley Enhanced Scrutiny
Texas Courts Mull Informal Fiduciaries
May 8, 2025
Wall Street Journal
EV Sales Streak Grinds to a Halt
May 7, 2025
Bloomberg
Apple Eyes Move to AI Browser Search
May 7, 2025
Dealbook
OpenAI’s Plan B Poses Risks
May 7, 2025
Sidley Enhanced Scrutiny
U.S. Court Finds Sixth Amendment Right to Advancement of Legal Fees
May 7, 2025
Deal Lawyers.com
Delaware Chancery Rejects Claim that 46% Stockholder Is a Controller
May 7, 2025
Reuters
China, U.S. to Talk Trade Saturday
May 6, 2025
Wall Street Journal
U.S. Orders Intelligence Agencies to Step Up Spying on Greenland
May 6, 2025
Freshfields' A Fresh Take
DOJ, FTC Seek Ways to Deregulate
May 6, 2025
D&O Diary
Covid Securities Suits Keep Coming
May 6, 2025
Deal Lawyers.com
Delaware Court Refuses to Dismiss Case Based on Letter of Intent Breach
May 6, 2025
Reuters
PwC to Slash 1,500 U.S. Jobs
May 5, 2025
Wall Street Journal
OpenAI Nixes For-Profit Conversion
May 5, 2025
Bloomberg
Harvard Blocked from New Funding
May 5, 2025
D&O Diary
Texas Exchange Is Delaware Corp.
May 5, 2025
Financial Times
U.S. Lawmakers Urge SEC to Delist Alibaba and Chinese Companies
May 5, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery OKs Contract Reformation Claim for Mutual Mistake
May 4, 2025
Dealbook
Buffett Changed Investor Thinking
May 4, 2025
D&O Diary
DEI Shift Portends New Litigation
May 4, 2025
Business Roundtable
How to Fix the Proxy Process
May 4, 2025
Business Law Prof Blog
A Nevada to Delaware Reincorporation
May 4, 2025
Wall Street Journal
Tesla Searched for Musk Replacement
May 1, 2025
D&O Diary
SPACs May Be Back in 2025
May 1, 2025
Securities and Exchange Commission
Texan Trio Charged in Ponzi Scheme
May 1, 2025
Bloomberg
No Jail for Unpaid SEC Settlement
May 1, 2025
The Activist Investor
The 2025 Proxy Contests So Far
May 1, 2025
Reuters
Ukraine, U.S. to Sign Minerals Deal
April 30, 2025
Bloomberg
EU to Offer Trade Proposals Next Week
April 30, 2025
D&O Diary
European Parliament Delays EU Sustainability Reporting Requirements
April 30, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Rejects Appraisal Procedure to Seek Books and Records
April 30, 2025
Deal Lawyers.com
Delaware Supreme Court Clarifies Indemnification-Claim Procedures
April 30, 2025
Reuters
Amazon in White House Crosshairs over Report of Displaying Tariff Costs
April 29, 2025
Wall Street Journal
Trump Softens Blow of Auto Tariffs
April 29, 2025
New York Times
Dodgy Tether Now Crypto Darling
April 29, 2025
D&O Diary
Covid Effects Drive Securities Suit
April 29, 2025
Sidley Enhanced Scrutiny
Controller’s Breach of Fiduciary Duty Leads to a Novel Remedy
April 29, 2025
Wall Street Journal
Elite Universities Join to Fight Trump
April 28, 2025
Dealbook
Tariffs Squeeze Weak UK Car Biz
April 28, 2025
D&O Diary
Can Worker AI Use Put Execs at Risk?
April 28, 2025
Bloomberg
New Chair Atkins Says SEC Has Enough Authority to Regulate Crypto
April 28, 2025
Reuters
SEC Lost 16% of Staff in Last Year
April 28, 2025
Business Law Prof Blog
Texas, Nevada Lure Delaware Firms
April 27, 2025
Reuters
Trump Spares Fed, IMF, World Relieved
April 27, 2025
Wall Street Journal
China’s Huawei Creates New AI Chip
April 27, 2025
D&O Diary
Tariff Evasion May Prompt FCA Claims
April 27, 2025
SEC Actions
What’s SEC Jurisdiction in Crypto?
April 27, 2025
Wall Street Journal
Paramount Mulls Merger Concessions
April 24, 2025
Reuters
Median CEO Pay Hits Record $16.8 Mln
April 24, 2025
Delaware Business Litigation Report
Delaware Chancery Denies Attorneys’ Fees Despite Fiduciary Breach
April 24, 2025
Dealbook
Has Tariff Fight Passed Its Peak?
April 24, 2025
Bloomberg
SEC Eyes Wall Street’s WhatsApp Use
April 24, 2025
Reuters
US Calls Apple, Meta Fines “Extortion”
April 23, 2025
Wall Street Journal
Trump Fetes Top Meme-Coin Investors
April 23, 2025
Dealbook
Top M&A Lawyer Arthur Fleischer Dies
April 23, 2025
CoinDesk
Unicoin Rejects SEC Settlement Offer
April 23, 2025
Securities and Exchange Commission
SEC Awards Whistleblowers $6 Mln
April 23, 2025
Bloomberg
Mayor Adams Prosecutors Resign
April 22, 2025
Wall Street Journal
FTC Sues Uber Over Billing Practices
April 22, 2025
Dealbook
Boeing in $10 Bln Digital Business Sale
April 22, 2025
D&O Diary
What to Expect from an Atkins SEC
April 22, 2025
Sidley Enhanced Scrutiny
U.S. Court Finds Sixth Amendment Right to Advancement of Legal Fees
April 22, 2025
Reuters
Tesla Settles Wrongful Death Suit
April 21, 2025
Bloomberg
Millionaire Tax Would Yield $400 Bln
April 21, 2025
Wall Street Journal
DOJ Urges Sale of Google Browser
April 21, 2025
Dealbook
On Pope Francis’ Business Diplomacy
April 21, 2025
Reuters
Google to Appeal Monopoly Ruling
April 20, 2025
D&O Diary
California Bars Insurance Coverage for Settlement and Defense Costs
April 20, 2025
Bloomberg
White House Seeks to Bring Financial Regulators Under Its Control
April 20, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Dismisses Entire Fairness Claim Before Discovery
April 20, 2025
Business Law Prof Blog
Advance Notice Bylaw Case Not Ripe
April 20, 2025

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