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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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ESG

ESG, Public Pensions, and Compelled Speech

By Mark Kubisch April 28, 2023 by renholding

With the rise of investing based on environmental, social, and governance (ESG) factors has come controversy.  While some see ESG investing as a way to create sustainable shareholder value,[1] others view it as a means for advancing contested values …

Do Bonds Affect Equity Monitoring?

By Todd A. Gormley and Manish Jha April 12, 2023 by renholding

As institutional investors grow in size and influence, questions arise as to whether they are effective stewards for equity investors. That the three mutual fund families with the most total net assets each holds equity positions in around 5,000 U.S. …

Cooley Discusses “Internal Control over Sustainability Reporting”

By Cydney Posner April 11, 2023 by renholding

Under the pressure of institutional investors, environmental groups, employees, consumers and other stakeholders, many companies have sought to demonstrate their bona fides when it comes to ESG through disclosure about their sustainability efforts, goals and achievements, whether in periodic reports …

ISS Discusses Water Risks from an Investor Perspective

By Cosima Reiff, Erina Molina and Erin Wood April 7, 2023 by renholding

Water means life. More than half of our bodies consist of water, and it is an indispensable resource for production of food and other goods. It is fundamental for societies and ecosystems alike. While water covers approximately 70% of our …

Retail Investors and ESG News

By Qianqian Li, Edward Watts and Christina Zhu April 6, 2023 by renholding

How much – and why – do individual investors value ESG-related activities of firms? In a new working paper, we shed light on these questions by studying how retail investors transact in their personal portfolios around a primary source …

Do Political Anti-ESG Sanctions Have Any Economic Substance?

By Shivaram Rajgopal, Anup Srivastava and Rong Zhao April 4, 2023 by renholding

In a recent paper, we examine the economic impacts of a new Texas law to throw light on whether the often-heated political debate over environmental, social, and governance (ESG) issues is empty political rhetoric or a reflection of substantive policy …

ESG Ratings for Corporate Governance

By Pierre Chaigneau and Nicolas Sahuguet April 3, 2023 by renholding

Investors are increasingly concerned about a company’s social and environmental impact, but that impact is not as easily assessed as the company’s financial performance, which can be summarized by its “bottom line” (net income) or its stock return. To help …

Are Corporate Net-Zero Pledges Just More Greenwash?

By Anita Foerster and Michael Spencer March 29, 2023 by renholding

Since the international Paris Agreement on climate change was adopted in 2015, there has been a massive upsurge in corporate net zero pledges. In our new article, we explored the climate commitments of large Australian companies. We wanted to …

Gibson Dunn Offers 2022 Year-End Securities Litigation Update

By Craig Varnen, Brian M. Lutz, Monica K. Loseman, Jefferson E. Bell, and Mark H. Mixon, Jr. March 28, 2023 by renholding

Although the number of securities lawsuits filed this year remained steady compared to 2021, we have seen many notable developments in securities law. This year-end update provides an overview of the major developments in federal and state securities litigation since …

Climate Disclosure Line-Drawing and Securities Regulation

By Virginia Harper Ho March 27, 2023 by renholding

In 2022, the Securities and Exchange Commission (SEC) proposed climate disclosure rules requiring each public company to tell investors specifically about the financial effects of climate risk on the company and how the company assesses those risks. The rules will …

Shearman & Sterling Discusses Personal Liability in UK of Directors for Climate Strategy

By Elise Edson, Ben Shorten, Julia Derrick, Trinh Chubbock and Jonathan Swil March 20, 2023 by renholding

In a potentially precedent-setting case, 11 directors of global energy company Shell Plc (formerly Royal Dutch Shell Plc) [1] are being sued in their personal capacity over the company’s energy transition strategy. The claim, which has been filed in the …

Do Companies Take Remedial Actions After Socially Irresponsible Behavior?

By Wei Cai, Aneesh Raghunandan, Shivaram Rajgopal and Wenxin Wang March 16, 2023 by renholding

Companies involved in scandals often suffer damage to their reputations from media, consumer, or investor criticism For instance, notable oil spills, from Exxon’s 1989 Exxon Valdez disaster to BP’s 2010 Deepwater Horizon debacle, resulted in both hundreds of millions of …

Do the Old Rules Apply to ESG Ratings and Benchmarks?

By Matteo Gargantini and Michele Siri March 8, 2023 by renholding

The steady growth of sustainable finance in recent years poses difficult questions on how regulators should approach it. In the European Union (EU), for example, there has been an explosion of new rules aimed at addressing a broad array of …

Debevoise & Plimpton Discusses ESG and Antitrust

By Ted Hassi, Erica Weisgerber, Timothy McIver, Michael Schaper and Ulysses Smith March 8, 2023 by renholding

Companies, banks, insurers and asset managers are increasingly working together within their industries on environmental, social and governance (“ESG”) initiatives to achieve shared goals on climate change, labor rights and other social issues. In the eyes of many, collective action …

Should Labor Abandon Its Capital?

By David H. Webber March 3, 2023 by renholding

Public pension funds and labor union funds (together “labor’s capital”) have faced years of criticism from both the left and the right. The current battle between ESG and anti-ESG advocates, and the introduction of legislation at the state level trying …

Why the Poison Pill Is Still Relevant After All These Years – Even in Japan  

By Curtis J. Milhaupt and Zenichi Shishido February 23, 2023 by renholding

More than 40 years after its invention by lawyer Martin Lipton, the poison pill remains the subject of important judicial decisions and academic debate over corporate governance questions, in both the United States, its country of origin, and Japan, its …

OECD Presents New Research on Corporate Sustainability

By Serdar Çelik, Caio de Oliveira and Adriana De La Cruz February 22, 2023 by renholding

The Organisation for Economic Co-operation and Development (OECD) has published a new report on sustainability policies and practices for corporate governance. It includes a new dataset comparing the main trends and features of corporate sustainability at the global level, …

Comparing Auditors’ and Users’ Materiality Judgments

By Marcus Doxey and Chez Sealy February 20, 2023 by renholding

Materiality is a ubiquitous concept in accounting and auditing. Accounting and disclosure rules, with few exceptions, are bounded by materiality, meaning that if a matter is immaterial, it is often exempted from the accounting rules. In respect to audits, the …

Board Committee Charters and ESG Accountability

By Lisa M. Fairfax February 16, 2023 by renholding

Increasing corporate focus on environmental, sustainability, and governance (“ESG”) has prompted considerable criticism from across the ideological spectrum.  Those who disagree with that focus – viewing it as a breach of fiduciary duty and antithetical to profit maximization – have …

Is Social Justice a Corporate Scam?

By Dan Subotnik February 14, 2023 by renholding

Last December, Subaru boasted in TV ads of having donated over $250 million to charity in the last few years.  The company specifically claimed that it was the ASPCA’s largest corporate donor. Animal lover that I am, I got a …

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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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DOJ Asks Less, Speeds Deal Reviews
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Cleary Securities Watch
SEC Offers E-Delivery as New Default for Proxies, Other Disclosures
July 23, 2026
CNBC
NJ Deli Fraudster Gets 21 Months
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WTW Blog
Reps and Warranties Insurers Zero In on Condition of Assets Risks
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EU Tentatively OKs Paramount-Warner
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Axios
Lawmaker Seeks SEC Probe of Truth Social’s Data-Access Monetizing
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Law.com
Semi-Annual Reporting Hits a Wall
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ABA Business Law Today
M&A Further Assurances Clauses May Be Stronger Than You Think
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Chinese AI Models Alarm U.S. Execs
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Reuters
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NJ Issues New Data Privacy Rules
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Dealbook
U.S. AI Giants Face Fresh Tests
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D&O Diary
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Delaware Corporate & Commercial Litigation Blog
Chancery Imposes Contempt Penalties for Non-Compliance With Injunction
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Wall Street Journal
DOJ Pulls Back From Corporate Crime
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Reuters
Apple Topples Nvidia as Most Valuable
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SEC Issues Guidance on Activist Fund Disclosure Under Schedule 13D, 14A
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D&O Diary
Semi-Annual Reporting Gets Panned
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Bloomberg
Honda to Halt Last U.S. EV Sales
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Anthropic Inches Toward Mega-IPO
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The Governance Beat
SEC Seeks Record Rulemakings
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Financial Times
Chevron, Iraq Seek Hormuz Bypass
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Federal Trade Commission
HSR Filing Failure Brings Record Fine
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Wall Street Journal
Wall Street Firms to Tokenize Stocks
July 15, 2026
Delaware Business Litigation Report
Delaware Chancery Dismisses Fiduciary Duty and Veil-Piercing Claims
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Dealbook
Is IBM a Canary in Tech Coalmine?
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Financial Times
Stripe, Advent Bid $53 Billion for PayPal
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Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Which Law Governs Inspection Rights
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Wall Street Journal
Scotus Justices Testify to Congress
July 14, 2026
Bloomberg
UK May Make Firms Publish Salaries
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New York Times
U.S. Workers at Most Productive Ever
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Freshfields' A Fresh Take
FTC John Deere Settlement Signals Scrutiny of Aftermarket Repair Limits
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Financial Times
Banks Thriving on Stock-Trading Boom
July 14, 2026
New York Times
States Sue to Block Paramount-Warner
July 13, 2026
The Governance Beat
Pharma Firms Ready to Go Semi-Annual
July 13, 2026
Financial Times
Suit Over Tylenol-Autism Link Revived
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D&O Diary
AI-Related Securities Suits Evolving
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Sidley Enhanced Scrutiny
Delaware Chancery Draws a Line on Release Conditions in M&A
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Bloomberg
Trump Embraces Australian Retirement System Backed by Larry Fink
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Delaware Business Litigation Report
Delaware Supreme Court Clarifies Distinction Between Void and Voidable
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Freshfields' A Fresh Take
Federal Regulators Propose New Rules for Payment Stablecoin Issuers
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Financial Times
Big Tech to Face Big EU Fines for Consumer Protection Failures
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Business Law Prof Blog
How Comment Letters Stack Up on SEC Semi-Annual Reporting Rule
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Wall Street Journal
Netflix Exploring Live TV, Bundles
July 9, 2026
Bloomberg
Goldman Bans Staff From Prediction-Market Bets on Finance, War
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Cleary Securities Watch
SEC Issues 2026 Rulemaking Agenda
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Securities Regulation and Corporate Governance Monitor
SEC Guidance on Activism, Tender Offers, Proxy Matters, Crowdfunding
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Bloomberg
Supreme Court’s Originalism Is Dead
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Why Smucker’s Bet on Twinkie Flopped
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Delaware Business Litigation Report
Chancery Applies “Heightened” Presumption of Director Independence
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New York Times
Lawyer William D. Zabel Dies
July 8, 2026
D&O Diary
New Lawsuit Suggests Evolution in Cross-Border Securities Fraud
July 8, 2026
Wall Street Journal
U.S. Revokes Iranian Oil-Sales Waiver
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Bloomberg
Fed Proposes Changes to Anti-Money Laundering Rules for Banks
July 7, 2026
D&O Diary
Private Credit Firm Sued Over Excessive Payment-in-Kind Fee
July 7, 2026
Sidley Enhanced Scrutiny
Chancery Rules Indemnification Can Fix Bad Purchase-Price Adjustment
July 7, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Clarifies Implied Covenant of Good Faith and Fair Dealing
July 7, 2026
Wall Street Journal
Banks Mull Deal to Shake Up Payments
July 6, 2026
Bloomberg
Toyota to Make Truck in Texas Not Mexico
July 6, 2026
Freshfields' A Fresh Take
SEC Expanding Regulatory Perimeter
July 6, 2026
Financial Times
Microsoft to Axe 4,800 Jobs
July 6, 2026
Deal Lawyers.com
Delaware Supremes Say Fraudulent-Reps Reliance OK Despite Diligence Gaps
July 6, 2026
Reuters
UK Budget Airline to Accept Takeover
July 5, 2026
Wall Street Journal
Why Billionaire Wants to Pay More Tax
July 5, 2026
Cleary Securities Watch
SEC Updates Debt Tender-Offer Rules
July 5, 2026
D&O Diary
Solar Panel Company Hit with Tariff-Related Securities Suit
July 5, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Harmonizes Conflicting Forum Selection Clauses
July 5, 2026
Reuters
US to End North American Trade Deal
July 1, 2026
Wall Street Journal
Scandals Shake Up McKinsey Board
July 1, 2026
Bloomberg
Exxon to Change Name Post-Redomicile
July 1, 2026
Financial Times
White House Lifts Anthropic Ban
July 1, 2026
D&O Diary
Federal Contractors Claim Fuzzy DEI Requirements Put Them at Risk
July 1, 2026
Delaware Corporate & Commercial Litigation Blog
The Key Delaware Corporate and Commercial Decisions of 2026 So Far
July 1, 2026
Bloomberg
TikTok Finalizes Addiction-Suit Deal
June 30, 2026
Cleary M&A Watch
Shareholder Activism at 2026 Midpoint
June 30, 2026
New York Times
AOL, Vimeo, Other Oldies Live Again
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Financial Times
New “Claude” Seeks Pharma Revenue
June 30, 2026
D&O Diary
Securities Suits Up in Year’s First Half
June 30, 2026
Wall Street Journal
Remote Work Shrinks New-Grad Jobs
June 29, 2026
Dealbook
Comcast to Spin Off NBCUniversal
June 29, 2026
Financial Times
Scotus Rules Fed Governor Can Stay
June 29, 2026
D&O Diary
FTC, Then Shareholders, Sue Zillow
June 29, 2026
Yahoo Finance
SEC Probing PE Continuation Funds
June 29, 2026
Wall Street Journal
FIFA Ban a Stadium Sponsor Boon
June 28, 2026
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Flawed Robotaxis Making Headway
June 28, 2026
New York Times
OpenAI IPO May Wait Until Next Year
June 28, 2026
Cleary Securities Watch
Update on 2026 Shareholder Activism
June 28, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Limits of Delaware Notice Pleading
June 28, 2026
D&O Diary
Delaware Court: Bump-Up Clause Bars Shareholder-Suit D&O Coverage
June 28, 2026
D&O Diary
AI Governance Is a Fiduciary Duty
June 25, 2026
Justice Department
SPAC Ex-CEO Sentenced to 3 Years
June 25, 2026
Bloomberg
SEC Joins Prediction Market Fray
June 25, 2026
Deal Lawyers.com
Texas Biz Court Adresses “Affiliate” Under Drag-Along Rights Provision
June 25, 2026
Business Law Prof Blog
Nevada Starts Business Court Pilot
June 25, 2026
Bloomberg
Anthropic Accuses Alibaba of “illicitly” Accessing AI Models
June 24, 2026
Financial Times
Bitcoin Hits 20-Month Low
June 24, 2026
Cleary Securities Watch
CFTC Proposes New Rule on Oversight of Prediction Markets
June 24, 2026
D&O Diary
Case Shows How Pre-IPO Share Repurchases Create D&O Risks
June 24, 2026
Deal Lawyers.com
SEC Issues New CFI on Rights Listings in Business Combinations
June 24, 2026
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