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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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EU

Davis Polk Discusses the Impact of European Data Protection Regulation on U.S. M&A

By Frank Azzopardi, Leo Borchardt, Avi Gesser, Pritesh Shah, Michelle Ontiveros Gross and Daniel F. Forester April 5, 2018 by renholding

The winds of change will shortly sweep across the data privacy landscape in the European Union (“E.U.”) and the gale will be felt worldwide.  The European General Data Protection Regulation (“GDPR”) will come into force on …

Skadden Discusses Novel Theories Emerging in Merger Enforcement

By Maria Raptis, Ingrid Vandenborre, Thorsten C. Goetz and Justine M. Haimi March 6, 2018 by renholding

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have challenged few vertical mergers — those of a …

Europe Faces Problem of Strong Shareholders and Weak Outside Investors

By María Gutiérrez-Urtiaga and Maria Isabel Sáez-Lacave February 7, 2018 by renholding

Corporate governance literature has largely focused on listed firms with dispersed ownership, but those with controlling stockholders are increasingly important in the United States and Europe. In the U.S., the likes of Google, Facebook, and other technology firms have gone …

Morrison & Foerster Discusses What Global Investors Think About Brexit

By Morrison & Foerster attorneys January 2, 2018 by renholding

Amid the uncertainty Brexit has created, foreign investors are assessing their existing and prospective investments in the UK, with particular focus on Brexit’s potential impact on EU-UK trade and labor mobility. No one has a crystal ball but our MoFo …

Debevoise & Plimpton Discusses Contingency Planning For Brexit

By Katherine Ashton, David Innes, Geoffrey Kittredge, Patricia Volhard and Simon Witney December 4, 2017 by Carly Goeman

Not many people would have predicted that the third quarter of 2017 – a period that ended six months after Britain gave formal notice of its intention to leave the European Union – would see more private equity investments in …

Investor Choice in Global Markets for Securities

By John Armour, Luca Enriques and Martin Bengtzen November 30, 2017 by renholding

In a recent paper, we explore how globalization has affected the operation of securities markets and the challenges this poses for their regulation. The paper is part of the first phase of the New Special Study of the Securities …

The Promise and Perils of Crowdfunding

By John Armour and Luca Enriques October 30, 2017 by renholding

In the last few years, a source of financing for start-ups, known as crowdfunding, has become widely available. It involves raising capital from a large number of individuals, each of whom typically contributes a small sum. The internet has lowered …

How to Encourage Dialogue Between Boards and Institutional Investors in the U.S. and the EU

By Giovanni Strampelli October 25, 2017 by renholding

With institutional shareholders playing a growing role in corporate governance, dialogue between boards and shareholders is increasingly common in the U.S. and Europe. Talking with boards is essential to institutional investors’ stewardship functions, and engaging with institutional investors has become …

Paul Weiss Discusses Screening of Foreign Investments in EU

By David K. Lakhdhir and Anna L. Christie October 6, 2017 by renholding

On September 13, 2017, the European Commission issued a proposed Regulation establishing a framework for screening foreign investments into the European Union.[1] The Commission also issued an explanatory memorandum and a communication to the European Parliament and other relevant …

A Tax on Aggressive Tax Planning

By Jan Vleggeert and Henk Vording May 16, 2017 by renholding

Tax planning by multinational enterprises (MNEs) is estimated to generate a worldwide loss of corporate tax revenues of between $100 billion and $240 billion. U.S.-based MNEs alone are believed to retain a total of $2 trillion in earnings outside the …

Insider Trading, Delaware Courts and SEC Regulation Get Lively Airing at M&A and Corporate Governance Conference

By Reynolds Holding April 25, 2017 by renholding

Insider trading law may be headed for even more disruption, as federal and state watchdogs press broad theories that include hacking and so-called Insider Trading 2.0, the early release of information for a fee, a panel of legal experts said …

Cleary Gottlieb on the Trade Implications of Brexit

By François-Charles Laprévote, Simon Jay, Jonathan Kelly, Maurits Dolmans and Bob Penn April 7, 2017 by Carly Goeman

The UK Government triggered on March 29, 2017, Article 50 TEU.  As a result, the UK is likely to have exited the EU by March 2019.

In a speech delivered on January 17,  Prime Minister (“PM”) May explained …

Debevoise & Plimpton Discusses EU’s Approach to Financial Services “Equivalence” Decisions

By Benjamin Lyon and James Scoville March 20, 2017 by renholding

On February 27, 2017, the European Commission published a Staff Working Document[1] containing an assessment of EU equivalence decisions in financial services policy.[2] Equivalence decisions are a core element of the Commission’s international strategy for financial services and …

Arnold & Porter Discusses Data Protection in the EU

By Dr. Jens Steger, Nancy L. Perkins, Richard Dickinson, Ronald D. Lee and Zoe V. Walkinshaw March 15, 2017 by Jeff Himelson

2017 has started with a bang on the data protection front. The new EU General Data Protection Regulation (GDPR) which is intended to harmonise data protection legislation across the EU, was adopted in April last year and is due to …

Debevoise & Plimpton Discusses Prudential Regulation in an Age of Protectionism

By Gregory J. Lyons and Chen Xu January 4, 2017 by renholding

The regulation of bank capital and liquidity has been in sharp focus ever since the financial crisis of 2008-09. The Basel Committee on Banking Supervision (“BCBS”) has led the work internationally to develop a revised set of capital and liquidity …

No Country Left Behind: History Complicates Efforts to Harmonize Global Regulation

By Hans Christensen, Christian Leuz and Luzi Hail November 7, 2016 by renholding

The European Union (EU) enacted a series of regulations in the early 2000s to improve the financial markets of member states. While the new regulations were formally the same across the EU, member countries must individually implement, supervise, and enforce …

Shearman & Sterling discusses Brexit: a Financial Free Zone Within the City

By Barnabas W.B. Reynolds, Thomas Donegan and James Comyn October 17, 2016 by renholding

The UK Government recently indicated that it intends to negotiate a unique EU-UK relationship post-Brexit. It is hoped that the arrangements will be appropriate for the UK and London’s position as a leading international financial centre. A number of existing …

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Ropes & Gray reviews the Implications of the UK’s Brexit Referendum

By Monica Gogna September 16, 2016 by renholding

From a legal perspective, nothing has changed following the Brexit Referendum. The UK remains a member of the EU and applicable  EU  law  remains in force. Although the outcome  of the Referendum is not legally binding on the UK government1 …

Ropes & Gray discusses EU Third-Country Passport for Alternative Investment Funds

By Monica Gogna, Michelle Moran, Anand Damodaran, Matthew Judd and John Young September 12, 2016 by renholding

The European Securities and Markets Authority (“ESMA”) published on July 19, 2016 its final advice to the European Commission (the “Commission”) on the extension of the marketing passport under the Alternative Investment Fund Managers Directive (“AIFMD”)1 to twelve non-EEA2 countries, …

Shearman & Sterling offers the Lowdown on EU General Data Protection Law

By Richard C. Hsu, Jeewon Kim Serrato, Barnabas W.B. Reynolds, Andreas Löhdefink and Tobia Croff August 30, 2016 by renholding

On April, 27 2016, the European Council and Parliament finally adopted a new data protection law: the General Data Protection Regulation (GDPR).  The following is a summary of key issues and a checklist of initial tasks to help you prepare …

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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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SEC Issues Report on Changes in M&A
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Dealbook
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Texas Seeks to Limit Proxy Advisers
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U.S. Audit Board Survives GOP Axe
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Suit Says Reddit Downplayed Impact of Google AI-Related Changes
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Financial Times
SEC Scraps Proposed Market Rules
June 22, 2025
National Law Review
No Scotus Cert in Disgorgement Suit
June 22, 2025
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Delaware Supreme Court Nixes $400 Million Aiding, Abetting Judgment
June 22, 2025
Business Law Prof Blog
What Is “Fraud” Anyway?
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Bloomberg
Tariffs May Hike Prices $2000 Per Car
June 19, 2025
Reuters
Google Faces EU Antitrust Setback
June 19, 2025
Wall Street Journal
Trump Delays TikTok Ban a Third Time
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New York Times
WhatsApp Introduces Ads to App
June 19, 2025
Reuters
Nippon Steel-U.S. Steel Deal Closes
June 18, 2025
D&O Diary
AI-Washing Suit Hits Healthcare Firm
June 18, 2025
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Delaware Supreme Court Says When Concealment Resets Limitation Period
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Bloomberg
Goldman Sachs Ditches Ban on SPACs
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Wall Street Journal
U.S. Senate Passes Stablecoin Bill
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D&O Diary
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Top Crypto Betting Tool Nears Debut
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Law.com
Why Cybercriminals Targeting Law Firms with Voice Phishing
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Financial Times
Crypto Group Tron to Go Public
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Obscure Chinese Stock Scams Dupe Thousands of U.S. Investors
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Reuters
Purdue Opioid Deal Wins State Approval
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Wall Street Journal
OpenAI Tension With Microsoft Rises
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Freshfields' A Fresh Take
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The Governance Beat
SEC Nixes Shareholder Proposal Plan
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S&P 500 CEOs Turning to Bodyguards
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Company Risks Rise in Global Trade War
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Stablecoins Put Crypto Near Mainstream
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Ripple Gets Back $75 Mln in Penalties
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SEC Announces Leadership Changes
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Update on Nevada Reincorporations
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IPO Market Bounces Back
June 12, 2025
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Lawmakers Traded as Tariffs Imposed
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Crypto Enforcement Now Up to States
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DOJ Criminal Chief Speaks on FCPA
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U.S. Nuclear Energy Reboots
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Lawyer Richard Beattie Dies at 86
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What Can Directors Keep Private?
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Scotus Rejects Challenge to FINRA
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Senate GOP Plan Erases Audit Board
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June 10, 2025
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Trump Vows Change Little at Law Firms
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Reuters
SEC Says Existing Cuts Met DOGE Goal
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Wall Street Journal
DOJ Focus Narrows in FCPA Cases
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Disney Buys Comcast’s Hulu Stake
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New York Times
Meta in Talks to Invest in Scale AI
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Freshfields' A Fresh Take
SEC Rethinks Foreign Private Issuers
June 9, 2025
Deal Lawyers.com
Delaware Chancery Grants Motion to Certify Constitution Issues on SB 21
June 9, 2025
Reuters
Japan Sees Progress in U.S. Tariff Talks
June 8, 2025
Wall Street Journal
DOGE Staffers Fear Getting DOGE’d
June 8, 2025
Bloomberg
BlackRock, Vanguard in Collusion Case
June 8, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Assesses Damages for Unfair Valuation
June 8, 2025
Deal Lawyers.com
Structural Antitrust Remedies Are Back
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The Block
Digital CLARITY Act Faces Turbulence
June 5, 2025
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Madoff Scam Recovery Tops $15 Billion
June 5, 2025
Bloomberg
Is CFTC Headed for One Commissioner?
June 5, 2025
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Delaware Chancery Addresses Preferred v. Common Conflict in Firm Sale
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Internal Affairs Doctrine in the Hot Seat
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Germans Buy EVs but Shun Teslas
June 4, 2025
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FTC Returns to Structural Remedies
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Most CEOs Want a Director Gone
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Delaware Chancery Slams Another Unripe Bylaw Challenge
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Ripple, Judge in Settlement Standoff
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Wells Fargo Allowed to Grow Again
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Crypto Security Status Gets Muddier
June 3, 2025
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Coinbase Seeks US Court for Oregon Suit
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Scotus Turns Away Challenge to FINRA
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Circuit Split Means PSLRA Headache
June 2, 2025
Barron's
SEC Will Suffer Long Musk Hangover
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Reuters
SEC Takes Aim at AI Washing
June 2, 2025
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Delaware Supreme Court Addresses Fraudulent Concealment Post-Closing
June 2, 2025
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CFIUS Boosts Foreign-Firm Enforcement
June 2, 2025
Securities Litigation & Enforcement
Securities Suit Settlements Get Smaller
June 1, 2025
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Begging for Crypto Bailouts Not OK
June 1, 2025
Bloomberg
How Trump Attacks on Regulators Threaten Agency Independence
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Delaware Chancery OKs Unequal Payments Under Good Faith Covenant
June 1, 2025
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Internal Affairs Doctrine Gets Workout
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