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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
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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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leverage

High-Yield Debt Covenants and Their Real Effects

By Falk Bräuning, Victoria Ivashina and Ali K. Ozdagli January 20, 2022 by renholding

The U.S. leveraged (high-yield) loan market has more than doubled since the Great Financial Crisis (GFC), with nearly $1.2 trillion in outstanding debt in 2019 (Leveraged Commentary and Analysis, LCD). The rise in high-yield corporate debt (bonds included) in the …

The Leverage Effect of Bank Disclosures

By Philipp J. König, Christian Laux and David Pothier October 7, 2021 by renholding

In a new paper, The Leverage Effect of Bank Disclosures, we challenge the widespread view that disclosure requirements prompt banks to reduce their risk and leverage.  That view has prevailed since at least 2004, when the Basel Committee introduced Pillar …

COVID-19, Corporate Leverage, and Financial Fragility

By Sharjil M. Haque and Richard Varghese October 5, 2021 by renholding

The COVID-19 pandemic and efforts to combat its spread were an unprecedented shock to corporate cash flows and consequent need for external financing. How did corporate leverage respond? More important, what does the impact on leverage mean for financial stability? …

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Simpson Thacher Discusses SEC Framework for Use of Derivatives by Regulated Funds

By David Blass, Ryan Brizek, Rajib Chanda, Debbie Sutter and Andy Madore March 12, 2021 by Nisha Chandra

In a widely anticipated action that was years in the making, the SEC adopted Rule 18f-4 under the 1940 Act prior to the conclusion of former Chair Jay Clayton’s tenure.  The rule overhauls the regulatory framework for the use of …

Liquidity, Pledgeability, and the Nature of Lending

By Douglas W. Diamond, Yunzhi Hu, and Raghuram G. Rajan March 3, 2021 by renholding

In a new paper, we explain that variation in prospective liquidity in an industry or economy prompts changes in corporate lending and banking, including changes in the level of corporate borrowing, the type of debt contracts issued, the covenants contained …

How Shareholder Rights Affect Firms’ Financing Decisions

By Benedikt Downar and Mario Keiling February 12, 2020 by renholding

Several decades of research have found that capital structure and financing decisions are influenced not only by market frictions such as taxes and bankruptcy costs but also by conflicts between managers and shareholders. In a new paper, we test whether …

Corporate Governance Reform in Post-Crisis Financial Firms: Two Fundamental Tensions

By Christopher M. Bruner September 5, 2018 by renholding

The manner in which financial firms are governed directly affects the stability and sustainability of both the financial sector and the “real” economy, as the financial crisis and associated regulatory reform efforts have tragically demonstrated.  However, two fundamental tensions continue …

How Corporate Governance Affects Mimicking Peers’ Financial Decisions

By Douglas J. Fairhurst and Yoonsoo Nam August 1, 2018 by renholding

Traditional explanations for why companies choose certain financial policies focus on firm-specific factors. For instance, all else being equal, firms with higher tax rates are likely to favor debt financing over equity financing, given the tax advantages of debt. However, …

Cleary Gottlieb Discusses New Law Revising Dodd-Frank Act

By Derek M. Bush, Hugh C. Conroy Jr., Allison H. Breault, Zachary L. Baum and Rebecca F. Green May 30, 2018 by renholding

The Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act”), which became law on May 24, contains the first major package of revisions to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  The Act …

Wachtell Lipton Looks at Acquisition Financing in 2017 and the Year Ahead

By Eric M. Rosof, Gregory E. Pessin, Michael S. Benn, Tijana J. Dvornic and John R. Sobolewski January 17, 2018 by renholding

The credit bull market charged through 2017, with many terrific outcomes for opportunistic borrowers. But even in the best of times, borrowers and their advisors should remain nimble and thoughtful, and 2018 brings much to consider, including the impact on …

Latham & Watkins discusses CFTC’s Enforcement Action Against Online Cryptocurrency Exchange

By Yvette D. Valdez, Douglas K. Yatter, Brett M. Ackerman and J. Ashley Weeks July 13, 2016 by ilyabeylin

A recent enforcement action reflects the CFTC’s expanded jurisdiction and provides further clarity on what constitutes “actual delivery” in cryptocurrency trading.

On June 2, 2016, the US Commodity Futures Trading Commission (CFTC) issued an order (the Bitfinex Order) filing, and …

Financial Distress Risk in Initial Public Offerings: How Much Do Venture Capitalists Matter?

By William L. Megginson, Antonio Meles, Gabriele Sampagnaro and Vincenzo Verdoliva March 29, 2016 by ilyabeylin

On January 7th 2016, Thomson Reuters and the National Venture Capital Association (NVCA) published their Exit Poll Report, which stated that in the U.S. 77 venture capital (VC)-backed initial public offerings (IPOs) raised $9.4 billion in 2015. Over …

CEO’s Inside Debt and Dynamics of Capital Structure

By Eric R. Brisker and Wei Wang March 25, 2016 by ilyabeylin

A widely-held view in financial economics is that CEOs holding a non-diversified wealth portfolio tied to the firm are likely to be more risk-averse when making corporate decisions than what diversified shareholders would prefer. To reduce this divergence in attitude …

The Fall and Rise of Debt in Bank Capital Structures

By Paul L. Davies December 17, 2015 by ilyabeylin

Debt has undergone a remarkable resurrection in relation to banks’ capital structures. In the immediate aftermath of the crisis it was uncertain whether debt would survive at all in the Basel Committee’s minimum capital requirements for internationally active banks. Today, …

Berkshire Hathaway as Idealized Private Equity

By Lawrence A. Cunningham October 16, 2015 by ilyabeylin

How different is private equity from Berkshire Hathaway? The phrase “private equity” has a certain ring to it, suggesting providing shareholder capital to buy and hold businesses.  In fact, most private equity firms use substantial debt to acquire companies, charge …

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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
SEC Polices Affinity Fraudsters
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Reuters
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New York Times
Warner Considers New Paramount Talks
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Sidley Enhanced Scrutiny
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AI Bubble Fears Spur New Derivatives
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The Governance Beat
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For OpenAI, Profit Seems the Mission
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Delaware Business Litigation Report
Texas Court Uses Texas Limitations Statute Despite Delaware Law Choice
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D&O Diary
Top SEC Enforcer Vows Vigilance
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Reuters
Pfizer to Collect $29 Million from SEC’s Steven Cohen Hedge Fund Case
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Whistleblower Network News
No 2026 Payouts to SEC Whistleblowers
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SEC Issues New Interpretations on Form S-4, Going Private, Tender Offers
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Reuters
Kraft Heinz Pauses Company Split
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Bill Ackman Makes a Big Bet on Meta
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Chancery Nixes Discovery on Personal Misconduct in Broken Deal Case
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Bloomberg
U.S. House Advances Auto Safety Bill
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Reuters
Paramount Sweetens Bid for Warner
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Wall Street Journal
Tariffs Hit Ford for Another $900 Mln
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New York Times
BP Pauses Buybacks as Profit Slumps
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ThinkAdvisor
SEC and Commonwealth Tentatively Settle Over $93 Million Penalty
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Court TV Getting a New Owner
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Enforcers Eye Algorithmic Pricing
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Ex-SEC Enforcement Chief Urges Limits on Regulation by Enforcement
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Why So Many Pump-and-Dump Suits?
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Sidley Enhanced Scrutiny
Delaware Supreme Court Makes Earnouts Less Risky for M&A Buyers
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Reuters
How Paul Weiss Boss Lost Grip on Firm
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Wall Street Journal
Why Finding a Job Now Is So Hard
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Dealbook
Casinos, Prediction Markets Go to War
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Wells Fargo Wealth Quits Proxy Advisers
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D&O Diary
Oracle Hit With Massive AI Infrastructure-Related Securities Suit
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Reuters
Coca-Cola Nixes U.S. Frozen Products
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Paul Weiss Revolt Cost Chair’s Job
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Bloomberg
Bitcoin Crashes Below $65,000
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The Governance Beat
NYSE, SEC Align on Broker-Search Item
February 5, 2026
Deloitte Repoirt
Worry Over Private-Credit Risks Grows
February 5, 2026
Wall Street Journal
Nike Probed for Bias v. White Workers
February 4, 2026
Reuters
Bezos’ Washington Post Guts Staff
February 4, 2026
Dealbook
AI Construction Firm Raises $270 Mln
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D&O Diary
Securities Suit Hits Private Credit Firm
February 4, 2026
Insurance Journal
Musk Loses Bid for Dismissal of SEC Lawsuit Over His Twitter Stake
February 4, 2026
Wall Street Journal
Disney Names Parks Chief New CEO
February 3, 2026
Bloomberg
CEOs Dislike Sucking Up to Presidents
February 3, 2026
Cleary M&A Watch
The Power of Proxy Advisers and Institutional Investors May Be Shifting
February 3, 2026
D&O Diary
Suit Claims AI-Washing Stock “Pump”
February 3, 2026
LinkedIn
When an SEC Emergency Is Not
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Reuters
January Employment Report Delayed
February 2, 2026
Wall Street Journal
Musk Says Space X Acquired xAI
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Freshfields' A Fresh Take
DOJ Antitrust Division Announces First-Ever Whistleblower Award
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How Investor Activism Fared in 2025
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D&O Diary
Chancery Allows Core De-SPAC Fiduciary Duty Claims to Proceed
February 2, 2026
Reuters
OPEC+ to Keep Oil Output Unchanged
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Securities Litigation & Enforcement
Scotus to Review Disgorgement Power
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Wall Street Journal
SEC Taps Ex-EY Partner to Run PCAOB
February 1, 2026
Bloomberg
SEC AI Plan May Strengthen Oversight
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