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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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Interlocking Directorates, Competition, and Innovation

By Roma Poberejsky April 4, 2025 by renholding

Given their importance to corporate governance and often impressive credentials and experience, , many directors are “busy,” meaning they hold concurrent board appointments across multiple firms. These so-called “interlocks” between companies are a growing phenomenon, but not a new one. …

Gibson Dunn Discusses Record Gun Jumping Penalty Secured by FTC

By Kristen Limarzi, Andrew Cline, Ryan Foley, Tristan Locke and Graham Valenta January 31, 2025 by ngodridge

On January 7, 2025, the U.S. FTC announced a settlement with three crude oil producers for violations of the gun jumping provisions of the HSR Act. XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy …

Assistant AG Kanter Speaks on New Unfair and Illegal Pricing Strike Force

By Jonathan Kanter August 2, 2024 by renholding

It is a privilege to join you today and talk about the work of the Justice Department’s Antitrust Division.

The purpose of this strike force — to “mak[e] sure corporations are held accountable when they try to rip off Americans”

…

Wachtell Lipton Discusses DOJ Insider Trading Verdict Based on Use of 10b5-1 Plans

By John F. Savarese, Wayne M. Carlin, David B. Anders, Randall W. Jackson and Michael W. Holt June 28, 2024 by renholding

Last week, a jury in Los Angeles returned a verdict in United States v. Peizer, finding that a company executive engaged in insider trading when, after learning of the likely termination of the company’s most important customer relationship, he …

Deputy U.S. Attorney General Lisa Monaco Speaks on the Promise and Peril of AI

By Lisa Monaco February 22, 2024 by renholding
Oxford has an unmatched reputation for making world-shifting contributions in our most critical moments. From testing and then supplying penicillin during World War II — to pioneering research on the digital world’s impact on society through the Oxford Internet Institute
…

Paul Weiss Discusses Proposed Merger Guidelines and Private Equity

By Scott A. Sher, Aidan Synnott, Eyitayo “Tee” St. Matthew-Daniel, Brette Tannenbaum and Michael Vogel September 11, 2023 by renholding

The Antitrust Division of the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) recently released a draft overhaul of their merger guidelines. The merger guidelines are intended to describe how the agencies evaluate mergers and reach decisions on …

The Importance of Independent Internal Investigations

By Rebecca Files and Michelle Liu April 20, 2022 by renholding

Internal investigations have become a necessity in today’s increasingly complex legal environment. They are now considered standard practice for businesses responding to serious allegations of financial misconduct and, when properly conducted, play a critical role in determining the credibility of …

Davis Polk Discusses Robust Antitrust Agenda of DOJ and FTC

By Sheila R. Adams, D. Jarrett Arp, Arthur J. Burke, Christopher Lynch and Gregory S. Morrison April 19, 2022 by renholding

At a recent Enforcers Summit, leaders of various U.S. and international antitrust enforcement agencies set forth their enforcement priorities. The new heads of the U.S. antitrust agencies emphasized that the agencies are primed to litigate more cases, challenge more mergers, …

Wachtell Lipton Discusses the Growing Enforcement Focus on Cryptoassets

By Richard K. Kim, Sarah K. Eddy, Rosemary Spaziani, David M. Adlerstein and Amanda M. Lee February 23, 2022 by renholding

Underscoring that misconduct surrounding cryptoassets has become a top U.S. enforcement priority, the Department of Justice announced on February 17 the appointment of Eun Young Choi as head of a dedicated National Cryptocurrency Enforcement Team.  The NCET’s mandate is to …

(Un)Intended Consequences of Regulatory Enforcement in M&A

By Eric de Bodt, Jean-Gabriel Cousin, Micah S. Officer and Richard Roll February 16, 2022 by renholding

A growing literature highlights the important effect of economic and political policies on mergers and acquisitions (M&A). M&A often involves major issues of corporate investment and resource allocation, and so inefficient interference in the M&A market can have significant and …

Sullivan & Cromwell Discusses FTC, DOJ Review of Merger Guidelines

By Joseph J. Matelis, Steven L. Holley, Sophia A. Vandergrift, Samantha F. Hynes and Renata B. Hesse February 1, 2022 by renholding

On January 18, 2022, Lena Kahn, Chair of the Federal Trade Commission (“FTC”) and Jonathan Kanter, Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice (“DOJ”), held a joint press conference announcing the launch of a …

Paul Weiss Discusses DOJ Antitrust Division Head’s Approach to Merger Remedies

By Joseph J. Bial, Andrew C. Finch, Charles F. (Rick) Rule, Aidan Synnott and Brette Tannenbaum January 31, 2022 by renholding

In a January 24 speech, Jonathan Kanter, the assistant attorney general in charge of the Antitrust Division of the DOJ, set forth his views on how the DOJ should approach merger remedies and signaled that the DOJ may be more …

Deputy U.S. Attorney General Speaks on Corporate Crime

By Lisa Monaco October 29, 2021 by renholding

Thank you, Ray, for that introduction, and thank you all for having me today. I’m sorry that I am not able to be there in person but appreciate the ability to join you virtually.

I have three priorities for my …

Top Justice Department Official on Stepping Up Corporate Enforcement

By John Carlin October 26, 2021 by benzonenshayn

I think these events [the Global Investigations Review conference: New York] are an important opportunity for discussion of trends and really this area is one where your work, your advice to clients, changes the way that people behave. And it …

Skadden Discusses Government Expectations for Companies’ Data-Driven Compliance Programs

By Gary DiBianco, Raquel Fox and Gretchen M. Wolf October 19, 2021 by renholding

As artificial intelligence and other data tools have proliferated, regulators and prosecutors expect companies to utilize sophisticated data analytics as part of their compliance programs. They also expect directors to take an active role, understanding and overseeing these data-driven compliance …

Chair Lina Khan Discusses Vision and Priorities for the Federal Trade Commission

By Lina M. Khan September 27, 2021 by renholding

Thank you [commissioners and staff] for the grace and patience you’ve displayed the last few months as my team and I have gotten up to speed on the agency’s work and processes. Navigating a leadership transition during a pandemic has …

Cadwalader Discusses FTC’s About Face on Debt for Hart-Scott-Rodino Purposes

By Joel Mitnick and Ngoc Hulbig September 17, 2021 by renholding

In a recent blog post, the Acting Director of the Federal Trade Commission Bureau of Competition announced the reversal of the Federal Trade Commission’s (“FTC”) decades-long position regarding the treatment of debt repayment when determining whether a premerger notification …

Whistleblowing Should Be Part of President Biden’s Fight Against Corruption

By Stephen M. Kohn September 15, 2021 by renholding

On June 3, 2021 President Joseph Biden issued a “Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest,” (hereinafter “Anti-Corruption Memorandum” or “Memorandum”).  In issuing the Memorandum, President Biden placed fighting corruption …

Arnold & Porter Discusses Criminal Antitrust Risks in Mergers & Acquisitions

By Andre Geverola, Sonia Kuester Pfaffenroth and Javier Ortega July 28, 2021 by renholding

On July 9, President Biden issued an Executive Order that announced a policy of increased antitrust enforcement across many industries. The DOJ Antitrust Division and the Federal Trade Commission quickly followed with an announcement that they would jointly launch a

…

Paul Weiss Discusses DOJ and FTC Plan to Review Merger Guidelines

By Joseph J. Bial, Andrew C. Finch, Charles F. (Rick) Rule , Jacqueline P. Rubin and Aidan Synnott July 13, 2021 by renholding

On July 9, President Biden signed a wide-ranging Executive Order on “Promoting Competition in the American Economy” which, among other things, encourages “the Attorney General and the Chair of the FTC . . . to review the horizontal and vertical …

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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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Delaware Business Litigation Report
Chancery Says Plaintiff Failed to Claim Stockholder Vote Not Fully Informed
August 7, 2025
Bloomberg
SEC’s “No Deny” Policy Can Continue
August 7, 2025
Bloomberg
Trump to Open 401(k)s to Private Assets
August 7, 2025
Fried Frank News & Insight
Chancery Drives Home Due Diligence
August 7, 2025
Bloomberg
Advisers Push for Temp as Fed Governor
August 6, 2025
D&O Diary
Meta Derivative Litigation Hits Reputation Risk Governance
August 6, 2025
Securities and Exchange Commission
Commissioner Peirce Discusses Financial Privacy in the Digital Age
August 6, 2025
Law.com
SEC to Shrink FCPA Enforcement, Too
August 6, 2025
Deal Lawyers.com
Chancery Says Breach of Purchase Agreement Not Enough to Nix Earnout
August 6, 2025
Bloomberg
Musk Seeks Tesla Stock Case Dismissal
August 5, 2025
The Governance Beat
Top 10 XBRL Errors for Forms 10-K
August 5, 2025
D&O Diary
Securities-Suit Filings Hit Highs, Lows
August 5, 2025
The Block
Project Crypto Rewrites Wall Street Rules
August 5, 2025
Deal Lawyers.com
Surrounding Circumstances Can Show Proper Purpose in Books & Records Case
August 5, 2025
Reuters
Global M&A Hits $2.6 Trln Peak to Date
August 4, 2025
Delaware Business Litigation Report
Chancery Says Demand Futility Not Pled in Suit over Controller’s Equity Grant
August 4, 2025
New York Times
Silicon Valley Enlists in Business of War
August 4, 2025
Securities and Exchange Commission
SEC Touts Task Force for Using AI
August 4, 2025
Business Law Prof Blog
Third Circuit: Markets Sort of Efficient
August 4, 2025
Bloomberg
Microsoft Hits $4 Trillion Market Cap
July 31, 2025
Reuters
UnitedHealth Revamps C-Suite Again
July 31, 2025
New York Times
AI Researchers Paid Like NBA Stars
July 31, 2025
The Governance Beat
SEC Makes Reg A Offerings Easier
July 31, 2025
Sidley Enhanced Scrutiny
Delaware Supreme Court Narrows Acquirers’ Aiding, Abetting Liability
July 30, 2025
Wall Street Journal
Ford Takes $800 Million Tariff Hit
July 30, 2025
SDNY Blog
Judge Dumps Trump Copyright Suit
July 30, 2025
New York Times
White House Urges Pro-Crypto Rules
July 30, 2025
Business Law Prof Blog
Delaware Supreme Court OKs Investor Request for Amazon Books, Records
July 30, 2025
Wall Street Journal
JPMorgan Chase Nears Deal to Take Over Apple Credit-Card Program
July 29, 2025
D&O Diary
SEC OKs Fewer Whistleblower Claims
July 29, 2025
Bloomberg
SEC Overhauls PCAOB Leadership
July 29, 2025
Yahoo Finance
U.S. Appeals Court Strikes Down SEC Rule on “Audit Trail” Funding
July 29, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Declines to Appoint Receiver for Dissolved LLC
July 29, 2025
Bloomberg
EPA to Undo Greenhouse Gas Rules
July 28, 2025
Reuters
U.S., China Hold Tariff-Truce Talks
July 28, 2025
Wall Street Journal
Trump Mulls Charging Patent Fee
July 28, 2025
Business Law Prof Blog
Caremark Duties in Tennessee?
July 28, 2025
Bloomberg
Companies Are Going Vertical Again
July 27, 2025
Dealbook
EU Nations Mull Issuing Joint Debt
July 27, 2025
D&O Diary
New Visa Policies Prompt Securities Suit
July 27, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Nixes Investor Suit Against X for Twitter Deal Losses
July 27, 2025
Corporate & Securities Law Blog
Forum Selection OK Even If Right to Jury Trial Lost, California Court Says
July 27, 2025
Wall Street Journal
Is AI Killing Google Search?
July 24, 2025
Cleary M&A Watch
How to Figure Pharma Earnout Damages
July 24, 2025
New York Times
Europe Nears U.S. Trade Deal
July 24, 2025
Deal Lawyers.com
Delaware Chancery Ruling Highlights Pitfalls in Proving Earnout Mistake
July 24, 2025
Business Law Prof Blog
Glass Lewis Sues Texas for New Law
July 24, 2025
Reuters
U.S., UK Head Toward 15% Trade Deal
July 23, 2025
Wall Street Journal
Google Revenue Surges on AI
July 23, 2025
Securities and Exchange Commission
Botic Named Acting PCAOB Chair
July 23, 2025
Bloomberg
SEC Whistleblower Awards Slow
July 23, 2025
Bloomberg
SEC Must Clear Path for Smaller CFTC Under Crypto Market Bill
July 23, 2025
Reuters
Tariffs Bite $1 Billion from GM Earnings
July 22, 2025
D&O Diary
U.S. Brings Tariff Evasion Claim
July 22, 2025
Bloomberg
House GOP Seeks Less for IRS, SEC
July 22, 2025
Deal Lawyers.com
Chancery Again Nixes Twitter Claim
July 22, 2025
Wall Street Journal
Meta Spurns EU’s AI Code of Practice
July 21, 2025
Reuters
Kraft Heinz Seeks to Undo Merger
July 21, 2025
Bloomberg
Oracle in Talks for $100 Million Skydance-Paramount Cloud Deal
July 21, 2025
New York Times
Crypto Industry Reaches Milestone
July 21, 2025
Freshfields Blog
CFIUS Unwinds Five-Year-Old Deal
July 21, 2025
Reuters
Crypto Sector Tops $4 Trillion in Value
July 20, 2025
New York Times
Wall Street Wants to Make Private Markets a Little More Public
July 20, 2025
D&O Diary
Trump Weaponizes FCA Liability
July 20, 2025
Fox News
SEC Chief Atkins Praises Markets and Criticizes Regulatory Overreach
July 20, 2025
Bloomberg
SEC to Weigh “Innovation Exception” Tied to Crypto, Says SEC Chair
July 20, 2025
Reuters
Facebook, Investors Settle Privacy Suit
July 17, 2025
Wall Street Journal
Union Pacific Explores Deal for Rival
July 17, 2025
New York Times
Congress Passes GENIUS Act
July 17, 2025
The Governance Beat
SEC Revises 18 Schedule 13D/G CDIs
July 17, 2025
Bloomberg
PCAOB Chair’s Departure May Lead to Oversight Reforms
July 17, 2025
Wall Street Journal
Money-Laundering Fine Hits Barclays
July 16, 2025
Freshfields' A Fresh Take
DOJ Debuts Antitrust Whistleblowing
July 16, 2025
National Law Review
SEC Enforcement Stats for 2d Quarter
July 16, 2025
Securities and Exchange Commission
Chair Erica Williams Exits PCAOB
July 16, 2025
Bloomberg
SEC Lifts US Fund-Biz Ban on Alliance
July 16, 2025
Reuters
Crypto Legislation Snags in Congress
July 15, 2025
D&O Diary
Is DExit Debate at Inflection Point?
July 15, 2025
LinkedIn
Few Insider Trading Cases at SEC
July 15, 2025
Securities Regulation and Corporate Governance Monitor
SEC Issues Update to Beneficial Ownership Reporting C&DIs
July 15, 2025
Deal Lawyers.com
Delaware Supreme Court Affirms Fair-Dealing Analysis in Squeeze-Out Case
July 15, 2025
Reuters
Crypto Bills to Advance This Week
July 14, 2025
Wall Street Journal
Musk Proposes Funding xAI With Tesla
July 14, 2025
New York Times
Cognition AI Buys Windsurf
July 14, 2025
Bloomberg
SEC Drops Major Mutual Fund Case
July 14, 2025
SDNY Blog
Judge OKs $900 Mln False Claims Fine
July 13, 2025
Dealbook
Andreessen Firm Exits Delaware
July 13, 2025
The Governance Beat
Nevada Adds Corp. Liability Shields
July 13, 2025
D&O Diary
Does “The” Alter Exclusion’s Meaning?
July 13, 2025
Securities and Exchange Commission
Georgia S&L Charged With Running a $140 Million Ponzi Scheme
July 13, 2025
Corporate & Securities Law Blog
DC Circuit Says Proxy Advisers Not Subject to Section 14(a) Solicitation Bar
July 13, 2025
Reuters
Nvidia’s Market Value Tops $4 Trillion
July 10, 2025
Wall Street Journal
Unilever Picks a Ben & Jerry’s CEO
July 10, 2025
The FinReg Blog
Path Forward for Crypto Legislation
July 10, 2025
Securities and Exchange Commission
Tokens Are Enchanting, Not Magical
July 10, 2025
Bloomberg
SEC Fraud Enforcers Keeping Pace
July 10, 2025
Dealbook
X Chief Says She Is Stepping Down
July 9, 2025
Cleary Enforcement Watch
DOJ Bulk Data Grace Period Near End
July 9, 2025
Sidley Enhanced Scrutiny
Fourth Circuit Paves a Bumpier Path to Post-Deal D&O Coverage
July 9, 2025
Delaware Corporate & Commercial Litigation Blog
Chancery Clarifies Duty of Candor
July 9, 2025
M&A Law Prof Blog
Investors May Sour on Texas, Nevada
July 9, 2025
Wall Street Journal
Investing Platform Linqto Goes Bankrupt
July 8, 2025
Debevoise Data Blog
Biggest AI Risk: Denying Employees AI
July 8, 2025
LinkedIn
Delaware SB21 May Revive Appraisals
July 8, 2025
Corporate & Securities Law Blog
SEC’s “Finder” Exemption Back in Play
July 8, 2025
Business Law Prof Blog
The First Caremark Trial Is Imminent
July 8, 2025

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