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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
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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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The Social Costs of Dividends and Share Repurchases

By J.B. Heaton March 6, 2019 by renholding

On December 9, 2002, UAL Corporation, which operated as United Airlines, filed for bankruptcy protection, leading to huge losses by UAL’s creditors. Those creditors included UAL’s pensioners when UAL’s pension plans were terminated and taken over by the Pension Benefit …

Disruption and the Credit Markets

By Bo Becker February 27, 2019 by renholding

In the past 30 years, defaults on corporate bonds have been substantially higher than the historical average. Dividing the years from 1970 to 2016 into two equal periods, the default rate of U.S. corporate bonds rose from 0.12 percent to …

Wachtell Lipton Discusses Default Activism in the Debt Markets

By Steven A. Cohen, Joshua A. Feltman, Emil A. Kleinhaus and John R. Sobolewski November 26, 2018 by renholding

We have recently seen an increase in contentious disputes, some public and many not, between companies and their debt investors.  Clashes between borrowers and their lenders are as old as debt itself, but what we are seeing now is something …

How Creditors Affect Corporate Governance

By Tomas Jandik and William R. McCumber August 13, 2018 by renholding

Though the majority of studies in corporate governance focus on the ability of shareholders to advise and monitor firms, debt financing is much more common than equity financing. According to the Thomas Reuters Loan Pricing Corporation, $2 trillion in syndicated …

How Creditors Affect Resource Allocation at Firms in Technical Default

By Nuri Ersahin, Rustom M. Irani and Hanh Le March 10, 2017 by renholding

A central topic in financial economics is how the allocation of cash flow and control rights among providers of corporate finance should evolve with firm performance. Theoretically, allowing for a transfer of control to creditors when a firm is in …

Do Creditors Actively Influence Corporate Tax Planning?

By Chi Wan and Yijia Zhao March 2, 2017 by renholding

In our recent paper, we provide strong empirical evidence that banks play an active role in shaping borrowers’ tax planning. Our evidence is drawn from a comprehensive analysis of the impact of debt covenant violations on corporate tax avoidance.

Covenants …

Operating Risk and the Rights of Lenders to Control It

By Stephen Karolyi and John Sedunov February 16, 2017 by renholding

Operating risk is a major concern for firm management and stakeholders. Stark examples of losses due to corporate operations include BP’s $17.2 billion loss in June 2010 following the Deepwater Horizon incident (Wong and Yousuf, 2010) and Freeport-McMoRan’s $13.9 billion …

Time to Settle Sovereign Debt’s “Trial of the Century”?

By Juan J. Cruces and Tim Samples January 26, 2016 by ilyabeylin

Once again, NML v. Argentina is in the spotlight. Sovereign debt’s “trial of the century”[1] has been the focal point of intense academic and policy debates, prompted a Supreme Court decision, and even triggered a contested default by Argentina …

Securitisation and Post-Crisis Financial Regulation

By Steven L. Schwarcz January 19, 2016 by ilyabeylin

There are few types of debt as internationally issued and traded as the debt securities issued in securitisation (in the United States, spelled securitization) transactions. European investors commonly invest in securities issued in U.S. securitisation transactions, and vice versa.

It …

What Kept Pre-Modern Credit Networks Afloat?

By Emily Kadens October 22, 2015 by ilyabeylin

Despite having become a cliché, the past is not always a foreign country. When Craig Muldrew wrote in his book, Economy of Obligation, “Increasing consumption and investment in the expansion of production meant that household debt loads grew to …

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