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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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Wall Street Journal
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Bloomberg
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Prediction Markets on the Rise
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Chancery Says Board Failed to Respond to Sexual Misconduct “Red Flags”
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Sidley Enhanced Scrutiny
Delaware Chancery Reminds Directors Not to Play Dirty
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Reuters
NYSE-Parent Develops Platform for 24/7 Tokenized Securities Trades
January 19, 2026
Securities and Exchange Commission
McGranahan Named General Counsel
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Bloomberg
Fraudster Should Win at Top Court
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Wall Street Journal
Enforcers Turn Insider Trading on Head
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Delaware Corporate & Commercial Litigation Blog
Key 2025 Delaware Corporate Rulings
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NYSE Offers Listing Rules Changes
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Federal Trade Commission
Hart-Scott-Rodino Thresholds Rise
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Delaware Business Litigation Report
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New York Times
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D&O Diary
AI Infrastructure Company Hit with AI-Related Securities Suit
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National Law Journal
Whistleblower Recovery, but No Award
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Investment News
Court Nixes Challenge to Industry Ban
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Deal Lawyers.com
Delaware Supreme Court Reverses Implied Covenant Application
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Wall Street Journal
Netflix to Make Bid for Warner All Cash
January 13, 2026
Reuters
WeatherTech Founder Tapped for FTC
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New York Times
Global Central Bankers Back Fed Chair
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Bloomberg
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Dealbook
Fallout From Legal Attack on Powell
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Securities and Exchange Commission
Deputy Enforcement Heads Named
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LinkedIn
SEC Enforcement Strategy: Don’t Enforce
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Reuters
SEC Nixes Suit Against Rio Tinto Ex-CFO
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Yahoo Finance
U.S. Supreme Court to Review SEC’s Power to Recoup Illegal Gains
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Deal Lawyers.com
U.S. Court OKs Advance Notice Bylaw
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Business Law Prof Blog
The Latest on Forum Selection Bylaws
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Delaware Business Litigation Report
Chancery Partially Grants Motion to Dismiss Direct Caremark Claims
January 8, 2026
New York Times
Funding May Value Anthropic $350 Bln
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The Governance Beat
The Most Common AI Risk Factors
January 8, 2026
Bloomberg
War on Iffy Lawsuits Upends SEC’s Role
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PE Holding Periods May Get Longer
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New York Times
Elon Musk’s xAI Raises $20 Billion
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D&O Diary
Suit May Preview AI-Bubble Litigation
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FINRA
SEC Ends Biased Research Settlement
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Bloomberg
SEC Sees AI-Related Disclosures Soar
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PwC Blog
PE Investing in Mid-Market Firms Sags
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Bloomberg
Nvidia CEO “Fine” With Billionaire Tax
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New York Times
Who Needs More Venezuelan Oil?
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Freshfields' A Fresh Take
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January 6, 2026
CoinDesk
Crypto’s Fate in GOP Watchdogs’ Hands
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ABA Business Law Today
ABA Issues M&A Deal-Points Study
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Delaware Business Litigation Report
Chancery Keeps Reasonableness Standard in Restrictive Covenant Dispute
January 5, 2026
New York Times
Big Tech Gets What Wants from Trump
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Freshfields' A Fresh Take
M&A Predictions, Guidance for 2026
January 5, 2026
D&O Diary
The Top 10 D&O Stories of 2025
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Deal Lawyers.com
Extended Producer Responsibility Laws Raise New Issues for Buyers
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Bloomberg
GOP-Only Watchdogs Police Wall Street
January 4, 2026
Wall Street Journal
Trump Upends White-Collar Prosecutions
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Securities and Exchange Commission
Farewell Commissioner Crenshaw
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Corporate & Securities Law Blog
SEC Proposal Would Give NASDAQ More Discretion to Deny Listings
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Business Law Prof Blog
Is Walmart Selling Itself as a Tech Firm?
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Delaware Business Litigation Report
Chancery Keeps Reasonableness Standard in Restrictive Covenant Dispute
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Freshfields' A Fresh Take
What Bank Regulators May Do in 2026
December 23, 2025
The Governance Beat
EDGAR to Take Five Days Off
December 23, 2025
Securities Litigation & Enforcement
What SEC Enforcement May Do in 2026
December 23, 2025
Securities and Exchange Commission
Retail-Investor Crypto Scheme Nailed
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Dealbook
Dealmakers Grow Bullish on 2026
December 22, 2025
Sidley Enhanced Scrutiny
California Court Says Federal Forum Clauses Enforceable in Securities Suits
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Wall Street Journal
The SEC May Make Wall Street Analysts Corrupt Again
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Deal Lawyers.com
New Defense Act to Prompt Expansion of Outbound Investment Control
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Business Law Prof Blog
The Lessons of Oklahoma Biz Court
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