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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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Donald Trump

Shadow SEC: FCPA Books and Records Requirements Must Be Vigorously Enforced

By John Coates, John C. Coffee, Jr., James D. Cox, Jill E. Fisch, Merritt B. Fox and Joel Seligman May 12, 2025 by renholding

President Trump signed on February 10 an executive order (the “Executive Order”)[1] directing the U.S. Attorney General over the next 180 days to (i) review the guidelines and policies governing investigations and enforcement actions under the Foreign Corrupt Practices …

1 Comment  

Morrison & Foerster Discusses FCA Risk to Federal Contractors of Trump’s DEI Certification

By Sandeep N. Nandivada and Andrew R. Turnbull February 20, 2025 by renholding

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other anti-discrimination policies applying to federal contractors. We provided an …

How Low Can You Go?:  DOGE and the SEC

By Scott Kimpel November 27, 2024 by renholding

The proposed Department of Government Efficiency (“DOGE”) in incoming President Donald J. Trump’s administration promises an ambitious agenda of “regulatory rescission, administrative reductions and cost savings” with the goal of “mass head-count reductions across the federal bureaucracy” by July 4, …

1 Comment  

Ropes & Grey Discusses Second Trump Administration’s Implications for Asset Managers

By James D. McGinnis, Joshua A. Lichtenstein, Jonathan M. Reinstein and Jeremiah Williams November 15, 2024 by eorozco

On Wednesday, November 6, 2024, major media outlets announced Donald J. Trump as the winner of the 2024 U.S. presidential election.  This alert discusses the potential impact of Mr. Trump’s election on the U.S. Securities and Exchange Commission (the “SEC”) …

Introducing Unilateral Choice-of-Law Clauses

By John Coyle June 3, 2024 by renholding

Over the past decade, so-called “unilateral” or “asymmetric” forum selection clauses have attracted a lot of attention. A unilateral forum selection clause does not name a court in which to resolve disputes at the time of …

Why Criminal Recordkeeping Laws Are Justified, Including in the Case Against Trump

By Andrew Jennings April 9, 2024 by renholding

In March 2023, Donald Trump became the first former U.S. president to be charged with a crime. And barring any last-minute delays, next week he will become the first former U.S. president to stand trial as a criminal defendant. Trump’s …

1 Comment  

John C. Coffee, Jr. – The Trump Civil Trial: Has Anyone Looked at the Statute?

By John C. Coffee, Jr. November 21, 2023 by renholding

The end is in sight for New York Attorney General Letitia James’ suit against Donald Trump, but the most important questions have still not been posed or addressed. Indeed, much has proceeded in the reverse of the usual order. The …

1 Comment  

John C. Coffee, Jr. – The Trump Indictment: Right Man, Wrong Crime

By John C. Coffee, Jr. April 10, 2023 by renholding

This will be a cold-blooded, objective look at the Trump indictment by someone who can be fairly described as a “Trump-hater.” To date, in the outpouring of commentary on the Trump prosecution, efforts at moderation have been lacking. For example, …

1 Comment  

John C. Coffee, Jr.: The Indicting of Trump and How to Avoid the Pitfalls

By John C. Coffee, Jr. March 21, 2023 by renholding

The indictments of Donald Trump have begun to come down. New York will be first, but Special Counsel Jack Smart in Washington and the district attorney in Fulton County, Georgia, (Fani Willis) could follow shortly.

Lest there be any doubt, …

1 Comment  

A New Podcast Debuts: The Cutting Edge

By Reynolds Holding July 21, 2022 by renholding

Today, the Blue Sky Blog launches its newest podcast series, The Cutting Edge: Current Issues in White Collar Crime and Corporate Governance. The series features top scholars, lawyers, and other esteemed figures in the legal world discussing breaking developments in …

Skadden Discusses How Companies Can Prepare for U.S. House Investigations

By Margaret E. Krawiec, David B. Leland and Ivan A. Schlager November 14, 2018 by pss2150

For the past several years, Republican majorities in the House of Representatives and Senate have dictated the agenda of Congress. But Democrats will take control of the House in January 2019, thereby regaining the ability to control committee and subcom­mittee …

Cutting Disclosure Frequency Is the Wrong Solution to the Wrong Problem

By Charles K. Whitehead August 27, 2018 by renholding

President Trump has directed the Securities and Exchange Commission to study whether a public company’s reporting requirements should shift from a quarterly to semi-annual schedule.  Doing so, according to the president, “would make business (jobs) even better in the U.S.” …

Bagman, Fixer, Lobbyist, and Lawyer: Can Michael Cohen Combine All These Roles?

By John C. Coffee, Jr. May 14, 2018 by renholding

Once a legal unknown, Michael Cohen made it last week to the front pages of both the New York Times and the Wall Street Journal. Charges swirl around him as the personal fixer for President Trump and the alleged …

1 Comment  

Antitrust and Economic Liberty: A Policy Shift from the Trump Administration?

By Joseph Coniglio February 23, 2018 by renholding

For the past 40 years, U.S. antitrust law has been understood as a consumer welfare prescription against conduct leading to higher prices, reduced output, and lower quality or innovation.  A growing number of commentators argue, however, that this understanding of …

Porn Star Might Talk Despite Confidentiality Agreement

By Victor P. Goldberg February 21, 2018 by renholding

When Michael Cohen, President Donald Trump’s personal lawyer, acknowledged paying $130,000 of his own money to Stephanie Clifford (aka Stormy Daniels), the porn star who once claimed to have had an affair with Trump, Clifford’s lawyer announced that Cohen had …

Skadden Discusses Antitrust Enforcement in the Trump Administration

By Maria Raptis April 19, 2017 by Jeff Himelson

Although the Trump administration has announced only one of its selections for top positions at the Antitrust Division of the U.S. Department of Justice (“DOJ”) or the Federal Trade Commission (“FTC”), the election of President Donald J. Trump sets the …

Kirkland & Ellis Discusses Trump’s Trade Agenda

By Jeff Himelson April 17, 2017 by Jeff Himelson

In late March, the Trump administration took several steps to begin implementation of its “America First” international trade agenda. We note three actions in particular:

First, President Trump signed an executive order directing the Secretary of Commerce and the U.S. …

Trumping the Constitution

By John C. Coffee, Jr. January 23, 2017 by renholding

Buried deep in Article I of the U.S. Constitution is an obscure provision known as the “Emoluments Clause.”  In relevant part, it provides that:

“[N]o person holding any Office of Profit or Trust under them, shall, without the consent of …

Shareholder Activism in the Era of Trump: What Strategy Works?

By John C. Coffee, Jr. November 21, 2016 by renholding

In the approaching Era of Trump, we are likely to see much deregulation, reduced public enforcement, and possibly some curbs on private enforcement.  Corporate compliance efforts may also be downsized, and compliance officials may learn again to defer to the …

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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
Google Faces Antitrust Investigation Over Deal for AI-Fueled Chatbots
May 22, 2025
Wall Street Journal
Senate Votes to End California EV Law
May 22, 2025
Delaware Business Litigation Report
Delaware Chancery OKs Majority-of-Votes-Cast to Approve Share Increase
May 22, 2025
Deal Lawyers.com
Delaware Chancery Lets Dissidents Try Again on Advance Notice Bylaws
May 22, 2025
Business Law Prof Blog
Nevada Passes Corporate Law Bill
May 22, 2025
Wall Street Journal
Walmart to Cut 1,500 Jobs
May 21, 2025
Bloomberg
Disney Suspends Venezuelan Workers
May 21, 2025
Cooley M&A
The Latest on CFIUS Non-Notified Transaction Enforcement Cases
May 21, 2025
Delaware Business Litigation Report
Delaware Supremes Clarifies Forfeiture-for-Competition Clause Enforcement
May 21, 2025
D&O Diary
Forever Chemicals May Prompt Next Big Wave of Securities Lawsuits
May 21, 2025
Reuters
U.S. to Nix Biden Fuel Economy Rules
May 20, 2025
Bloomberg
Musk Commits to Tesla CEO Role
May 20, 2025
Wall Street Journal
Google Challenges AI Search Firms
May 20, 2025
D&O Diary
How Changes in Delaware Corporate Law Affect D&O Liability and Insurance
May 20, 2025
The Governance Beat
Five Key Things from SEC Town Hall
May 20, 2025
Bloomberg
DOJ Probes Coinbase Data Theft
May 19, 2025
Wall Street Journal
SEC Chair Mulls Opening Private Markets
May 19, 2025
Reuters
Nippon Steel to Invest in New U.S. Mill
May 19, 2025
New York Times
Spain Cracks Down on Airbnb
May 19, 2025
D&O Diary
Buffett, Musk and Risks of Star CEOS
May 19, 2025
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
May 14, 2025
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

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