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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
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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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ERISA

Cleary Gottlieb Discusses DOL’s Declining to Enforce Rules on ERISA Plan Investments and Proxy Voting

By Michael Albano, Mary E. Alcock, Alexander Kurtz and Francesca M. Crooks March 23, 2021 by Nisha Chandra

On Wednesday, March 10, after engaging in conversations with stakeholders, the U.S. Department of Labor’s Employee Benefits Security Administration issued an enforcement policy statement in which it declined to enforce two DOL rules put in place by the Trump administration …

Kirkland & Ellis Discusses ESG and Climate Regulatory Developments Affecting Private Equity

By Jennie Morawetz, Alexandra Farmer, Marian Fowler, Elizabeth Dyer and Raya Treiser March 11, 2021 by Nisha Chandra

In the second half of 2020, demand for ESG-focused investments continued to accelerate, and data showing the outperformance of those investments during the COVID-19 pandemic has set the stage for robust demand to continue in 2021. In his recent letter …

How Department of Labor Rules on ESG Leave Undirected Votes Adrift

By Neil Whoriskey February 26, 2021 by renholding

Just before year end, the Department of Labor finalized its new rules on ESG investing and voting for retirement and pension funds.  The rules sharply restrict the ability of the fiduciaries of retirement and pension funds to make investments based …

Gibson Dunn Offers 2020 Year-End Securities Litigation Update

By Robert F. Serio, Brian M. Lutz, Monica K. Loseman, Jefferson E. Bell and Mark H. Mixon, Jr. February 23, 2021 by renholding

Notwithstanding the ongoing spread of COVID-19 and unprecedented changes in daily life and the economy, the second half of 2020 marched on to the steady drumbeat of securities-related lawsuits we have observed in recent years, including securities class and stockholder …

Latham & Watkins Discusses Department of Labor Rule on ESG Investing

By Paul A. Davies, Nicola Higgs, Kristina S. Wyatt and Deric Behar November 23, 2020 by Nisha Chandra

On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting Plan Investments (the Rule) and a related Fact Sheet, a codification of the spirit, if not the exact words, of a controversial proposal issued …

Separating Owners from Control: The Proposed DOL Proxy Voting Rule and Other Actions on Shareholder Activism

By Frederick Alexander October 8, 2020 by renholding

On October 3, The Shareholder Commons and B Lab submitted their comment on a recent new rule (the “Proxy Proposal”) proposed by the Department of Labor (the “DOL.”)  The Proxy Proposal would limit independent proxy voting by pension trustees. It …

1 Comment  

The Department of Labor Carpet Bombs Investor Protection

By Kurt N. Schacht and Karina Karakulova September 29, 2020 by renholding

The Department of Labor (DOL) has launched a major attack on investor protection and shareholder rights in the last three months. In three successive strikes against long-standing practices of ERISA fiduciaries, the DOL has created disorder and confusion.  Its actions …

The Conflict Between BlackRock’s Shareholder Activism and ERISA’s Fiduciary Duties

By Bernard S. Sharfman September 29, 2020 by renholding

BlackRock, an investment adviser that primarily markets and manages index funds to millions of passive investors around the globe, has become a leading shareholder activist. Based on the extremely large amount of assets it has under management ($7.3 trillion), its …

Paul Weiss Discusses Supreme Court Decision Limiting Standing to Sue for ERISA Plan Participants

By Kannon K. Shanmugam, Stacie M. Fahsel, William T. Marks and Ethan R. Merel June 15, 2020 by renholding

On June 1, 2020, the Supreme Court held in Thole v. U.S. Bank N.A.[1] that participants in a defined-benefit pension plan governed by the Employee Retirement Income Security Act of 1974, commonly known as ERISA, lack Article III standing …

Gibson Dunn Updates 2019 Year-End Securities Litigation

By Robert F. Serio, Brian M. Lutz, Monica K. Loseman, Jefferson E. Bell and Mark H. Mixon, Jr. February 26, 2020 by renholding

The number of securities cases filed in federal court continued at a furious pace for the third year in a row. This year-end update highlights what you most need to know in securities litigation trends and developments for the last …

Cahill Gordon Discusses Conflicting Rulings on Labor Department’s Fiduciary Rule

By Bradley J. Bondi, David S. Slovick and Courtney LaHaie April 25, 2018 by renholding

In a March 15, 2018 decision in Chamber of Commerce of the United States v. United States Department of Labor, the United States Court of Appeals for the Fifth Circuit vacated in its entirety the so-called “Fiduciary Rule” promulgated …

Is It Time to Retire Securities Act Form S-8?

By Keith F. Higgins October 13, 2017 by renholding

Every securities lawyer knows that offers and sales of securities must either be registered under the Securities Act of 1933 (Securities Act) or made pursuant to an applicable exemption.  This rule is so fundamental that we often neglect to think …

A Tip for Financial Advisers to Retirement Savers: Heed the Prudent Investment Rule

By Max M. Schanzenbach and Robert H. Sitkoff August 22, 2016 by renholding

Today the bulk of American workers’ retirement savings, worth trillions of dollars, is in self-directed individual retirement accounts (IRAs) and defined contribution pension plans. Understandably, many workers with self-directed accounts turn to financial advisers for help in matching the vast …

Fried Frank discusses U.S. DOL Re-Proposes ERISA Fiduciary Rule

By Donald Carleen, Jeffrey Ross and Joshua Gelfand May 12, 2015 by AJ

Roughly four and a half years after its first attempt, the U.S. Department of Labor today again proposed to redefine the term “fiduciary” as it applies in the investment advice context. The DOL withdrew the 2010 Proposed Rule following blistering …

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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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Dealbook
AI Regulation Has Strange Bedfellows
September 15, 2026
D&O Diary
The CVS Case and the Emerging D&O Risks of AI-Driven Performance
September 15, 2026
Sidley Enhanced Scrutiny
Delaware Supreme Court Reverses on Justifiable Reliance in M&A Fraud Case
September 15, 2026
Delaware Business Litigation Report
Chancery Grants Spoliation Damages
September 15, 2026
The Guardian
Private Equity Facing Existential Crisis?
September 15, 2026
Wall Street Journal
Malls Are Real Estate’s Top Performer
September 14, 2026
Delaware Business Litigation Report
Chancery Rules in Mutual Deceit Case
September 14, 2026
The Governance Beat
12 Ways AI Affects Firm Disclosure
September 14, 2026
Financial Times
Warsh and Trump on Collision Course
September 14, 2026
D&O Diary
Eighth Circuit Nixes D&O Coverage of Execs’ Personal Loan Guarantees
September 14, 2026
Bloomberg
Anthropic’s AI Warning Is Too Weak
September 13, 2026
Dealbook
A Start-Up Pay Strategy Proves Costly
September 13, 2026
The Governance Beat
Glass Lewis Outlines New Framework
September 13, 2026
Financial Times
Musk, Altman Also Back AI Slowdown
September 13, 2026
D&O Diary
Turns Out FCA Qui Tam Constitutional
September 13, 2026
Wall Street Journal
Crypto Scam Victims Are Fighting the U.S. to Get Their Money Back
September 10, 2026
Delaware Business Litigation Report
Delaware Supreme Court Affirms Arbitration Order in Earnout Dispute
September 10, 2026
Financial Times
Tariff Criticism Dooms IMF Candidate
September 10, 2026
Sidley Enhanced Scrutiny
Chancery Confirms No Best-Price Duty for Public-Benefit Corp. Board
September 10, 2026
D&O Diary
Shareholders Suit Against Apple Follows AI-Linked Copyright Claim
September 10, 2026
Bloomberg
DOJ Says Berkeley Law Discriminates
September 9, 2026
D&O Diary
Is Bank Failure Uptick a Big Deal?
September 9, 2026
Deal Lawyers.com
Designated Directors Walk a Tightrope
September 9, 2026
Corporate & Securities Law Blog
SEC Remakes Transfer Agent Rules
September 9, 2026
Business Law Prof Blog
How IPOs Stack Up So Far in 2026
September 9, 2026
Wall Street Journal
Trump Says He Will Block Canadian Firms From Government Contracts
September 8, 2026
Freshfields' A Fresh Take
9th Circuit in Prediction Markets Split
September 8, 2026
Financial Times
LIV Golf Files for Bankruptcy
September 8, 2026
Cleary Securities Watch
SEC Updates CFI Guidance
September 8, 2026
Business Law Prof Blog
Reincorporations Can Be Costly
September 8, 2026
Financial Times
University Endowments Beat S&P 500
September 7, 2026
Sidley Enhanced Scrutiny
DGCL §144 Safe Harbor Rules Emerge
September 7, 2026
Delaware Corporate & Commercial Litigation Blog
Allegedly Excessive Fees No Defense to Nonpayment of Advance
September 7, 2026
Bloomberg
Delaware Practical Pluses Run Deep
September 7, 2026
Business Law Prof Blog
The Latest on Reincorporations
September 7, 2026
Wall Street Journal
Boeing’s $8.4bn Deal Bleeds Red Ink
September 3, 2026
Bloomberg
Nvidia to Buy Hugging Face for $13bn
September 3, 2026
Dealbook
Did Meta’s Settlement Actually Help It?
September 3, 2026
Financial Times
Black Sues Congress on Epstein Probe
September 3, 2026
Securities Regulation and Corporate Governance Monitor
SEC Proposes E-Delivery Disclosure
September 3, 2026
Bloomberg
Bigger SALT Break’s Impact Surprises
September 2, 2026
Dealbook
Music Industry Grapples With AI
September 2, 2026
Freshfields' A Fresh Take
Enforcers Target Prediction Markets
September 2, 2026
Securities Litigation & Enforcement
SEC Eyes Pre-IPO Share Sales
September 2, 2026
Financial Times
Chevron to Double Venezuela Oil Production With $7bn Pledge
September 2, 2026
Wall Street Journal
Megabanks Join to Issue a Stablecoin
September 1, 2026
Financial Times
Banks Seek Cut of Lawyer AI Savings
September 1, 2026
Cleary Securities Watch
SEC Updates Corp. Finance Guidance
September 1, 2026
D&O Diary
Investors Suing AI Infrastructure Firms
September 1, 2026
Deal Lawyers.com
Delaware Chancery Limits Disclosures Under Advance Notice Bylaws
September 1, 2026
New York Times
Saudis, U.S. Firm in Data Center Deal
August 31, 2026
Financial Times
LIV Golf Girds for Bankruptcy Filing
August 31, 2026
D&O Diary
Pentwater Capital Sued on Short Squeeze
August 31, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules on SB 21 Heightened Disinterest Presumption
August 31, 2026
Securities Regulation and Corporate Governance Monitor
SEC Touts Crypto Exempt Offer Rules
August 31, 2026
Wall Street Journal
Aeo Nears Insurance Broker USI Deal
August 30, 2026
New York Times
SEC Allows Less Company Disclosure
August 30, 2026
The Governance Beat
SEC Nears Executive Comp Proposal
August 30, 2026
D&O Diary
AI-Related Securities Suit Hits Intuit
August 30, 2026
Deal Lawyers.com
Delaware Chancery Rules Takeover Law Doesn’t Require Informed Vote
August 30, 2026
Wall Street Journal
Sheikh Backs New Trump Crypto Bank
August 27, 2026
New York Times
Meta, Anthropic Are AI Friends, Foes
August 27, 2026
Freshfields' A Fresh Take
AGs, FTC Settle Zillow-Redfin Suit
August 27, 2026
The Governance Beat
NYSE Proposes Extending Internal Audit Transition Period
August 27, 2026
Financial Times
Bank Regulators to Narrow Enforcement Focus to Financial Risks
August 27, 2026
D&O Diary
Risk of Securities Litigation Rising
August 27, 2026
Reuters
UK Crypto Boss Faces US Extradition
August 26, 2026
Wall Street Journal
Bill Gates Warns of No AI Plan
August 26, 2026
Bloomberg
NFL Owners OK $9.6bn Seahawks Sale
August 26, 2026
Financial Times
Meta Ends Kids’ Harm Case for $18bn
August 26, 2026
D&O Diary
Deloitte Settles DOJ Anti-DEI Claims
August 26, 2026
Wall Street Journal
Anthropic Seeks $30 Trillion in Revenue
August 25, 2026
New York Times
AI Firm Aims at Data Center Backlash
August 25, 2026
Freshfields' A Fresh Take
Treasury Proposes GENIUS Act Rules
August 25, 2026
Financial Times
Canada Retaliates With $20bn Tariffs
August 25, 2026
D&O Diary
Securities Suit Against Alibaba Combines Claims on AI and China Risks
August 25, 2026
Bloomberg
Trump Family Joins New Bank Rush
August 24, 2026
The Governance Beat
Section 16 Insiders Owe EDGAR Info
August 24, 2026
Financial Times
How Shein’s IPO Lost Its Shine
August 24, 2026
D&O Diary
Oversight Risk in Governance Vacancy
August 24, 2026
Securities Regulation and Corporate Governance Monitor
The Latest on Shareholder Proposals
August 24, 2026
Wall Street Journal
Nvidia Touts Chinese-AI Alternative
August 23, 2026
Bloomberg
Canada-US Flop, but Mexico Optimistic
August 23, 2026
New York Times
California and Paramount to Hold Preliminary Talks on Warner Deal
August 23, 2026
Cleary Securities Watch
SEC Tweaks 14a-8 Response Process
August 23, 2026
Business Law Prof Blog
Lawsuits Trip Over Value of SAFEs
August 23, 2026
Wall Street Journal
Weil Gotshal Rainmakers Talking Exit
August 20, 2026
Reuters
Crypto, AI, Betting Firms Fund Politics
August 20, 2026
The Governance Beat
Where Hot New Topics Land at Boards
August 20, 2026
Securities Litigation & Enforcement
Chancery Says Public Benefit Corps. Free of Revlon in Control Changes
August 20, 2026
Financial Times
Top Law Firms Making “Crazy” Hires
August 20, 2026
Wall Street Journal
U.S. National Debt Tops $40 Trillion
August 19, 2026
Bloomberg
YouTube Lures Creators From Netflix
August 19, 2026
Financial Times
PE Firm Charlesbank Nears Law Stake
August 19, 2026
D&O Diary
Securities Suit Hits AI Firm Blaize
August 19, 2026
Securities Regulation and Corporate Governance Monitor
SEC Exits Shareholder Proposal Game
August 19, 2026
Wall Street Journal
Hidden Deals Snared Dodgers Owner
August 18, 2026
Dealbook
Is Silicon Valley in DOJ’s Sights?
August 18, 2026
The Governance Beat
How AI Drives Institutional Investing
August 18, 2026
D&O Diary
Cybersecurity Flaws Prompt Securities Suit Against Israeli Firm
August 18, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Implied Covenant’s Gap-Filling Role
August 18, 2026
Dealbook
Paramount Wants States to Shoulder Costs of Warner Deal Delay
August 17, 2026
Delaware Business Litigation Report
Delaware Chancery Finds for Lender in Breach of Contract Claim
August 17, 2026
Financial Times
Troubled Loans Strain Private Credit
August 17, 2026
Cleary Securities Watch
What ISS STOXX Survey Tells Us
August 17, 2026
CFIUS
New Matrix IDs Nat’l Security Risks
August 17, 2026
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  • Gibson Dunn Securities Regulation and Corporate Governance Monitor
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  • How Appealing
  • PubCo @ Cooley
  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
  • The D&O Diary
  • Truth on the Market
  • White Collar Crime Prof Blog
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