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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 2 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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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
Anthropic Races to Limit Code Leak
April 1, 2026
Delaware Business Litigation Report
Chancery Says Employment-Related Misconduct Not Fiduciary Breach
April 1, 2026
New York Times
Technology Backlash at Schools Extends Far Beyond Phones
April 1, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Extends Earnout Remedies Beyond Damages
April 1, 2026
Bloomberg
Elon Musk Faces New Setback in Lawsuits Over 2022 Twitter Buyout
April 1, 2026
D&O Diary
Tariff-Related Securities Suit Hits Social Media Platform Pinterest
March 31, 2026
Justice Department
Charges in Crypto-Exchange Hack
March 31, 2026
New York Times
SEC Shifts From Crypto Foe to Ally
March 31, 2026
Reuters
Delaware Judge Reassigns Musk Cases
March 31, 2026
EY Parthenon
PE Take-Private M&A Deals on Rise
March 31, 2026
Delaware Business Litigation Report
Delaware Chancery Denies Motion to End Coinbase Derivative Suit
March 30, 2026
CoinDesk
Washington State Sues Kalshi
March 30, 2026
pymnts
SEC Staff Down 18% Under Trump
March 30, 2026
Financial Times
Apollo Plans Second Headquarters
March 30, 2026
Bloomberg
SEC Shakeup Renews Dispute Over Wall Street, Crypto Enforcement
March 30, 2026
New York Post
Musk Lawyer Accuses SF Jury of Bias
March 29, 2026
New York Post
Elizabeth Holmes Catches a Break
March 29, 2026
Bloomberg
Crypto “Insurance” Not What Appears
March 29, 2026
Federal Trade Commission
FTC, DOJ Seek Comment on HSR Rule
March 29, 2026
Business Law Prof Blog
Courts Setting Very High PSLRA Bar
March 29, 2026
Dealbook
Military Drone Startup Raises $2 Billion
March 26, 2026
Delaware Business Litigation Report
Delaware Chancery Nixes Case Lacking Equitable Subject Matter Jurisdiction
March 26, 2026
D&O Diary
AI-Related Securities Suit Hits Power Supply Company
March 26, 2026
Sidley Enhanced Scrutiny
Pro-Merger Activist That Changed Its Mind Can’t Get Court to Block Deal
March 26, 2026
Deal Lawyers.com
Delaware Chancery Orders Equitable Extension of Earnout Window
March 26, 2026
The Governance Beat
SEC “SOX Group” to Target Auditors
March 25, 2026
Dealbook
What Sora’s End Says About OpenAI
March 25, 2026
D&O Diary
Tariff Pass-Through Litigation Expands
March 25, 2026
New York Post
Widow of British Billionaire Killed in Yacht Sinking Faces Bankruptcy
March 25, 2026
Bloomberg
SEC Must Release Musk Interview
March 25, 2026
Wall Street Journal
Judge Says Government Ban on Anthropic Looks Like Attempt to Punish
March 24, 2026
D&O Diary
Short Seller Report Prompts Securities Suit Against Private Credit Firm
March 24, 2026
Bloomberg
Polymarket Alters Insider Trading Rules
March 24, 2026
Reuters
SEC Ex-Enforcement Chief Clashed With Bosses on Trump Before Exit
March 24, 2026
Business Law Prof Blog
The Latest on Reincorporations
March 24, 2026
Wall Street Journal
Airline Economy Cabin Keeps Shrinking
March 23, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules Firm Counsel Must Be Neutral in Board Deadlock
March 23, 2026
Bloomberg
SEC Team Is Targeting “Bad Actors”
March 23, 2026
CoinDesk
Is Bankman-Fried Angling for Pardon?
March 23, 2026
D&O Diary
Jury Says Musk Misled Twitter Investors
March 23, 2026
Bloomberg
OpenAI Plans to Double Headcount
March 22, 2026
Reuters
Musk Offers to Pay TSA Salaries
March 22, 2026
Wall Street Journal
New Weapons of Global Power Are Oil, Rare Earths, and Microchips
March 22, 2026
Freshfields' A Fresh Take
Less Burdensome HSR Form Is Back
March 22, 2026
D&O Diary
Prediction Markets Pose D&O Risks
March 22, 2026
Wall Street Journal
Big Banks Win Looser Capital Rules
March 19, 2026
Reuters
DOJ Charges 3 of Diverting AI to China
March 19, 2026
Bloomberg
DOJ Clears Nexstar’s Tegna Deal
March 19, 2026
The Governance Beat
The Latest on Shareholder Proposals
March 19, 2026
Wealth Management
FINRA Disciplinary Cases at Decade Low
March 19, 2026
Bloomberg
Private Credit Bad, But Not 2008 Bad
March 18, 2026
D&O Diary
Delaware Supremes Says De-SPACs Shielded by 3-Year Limitations Statute
March 18, 2026
CoinDesk
Kalshi Faces Arizona Criminal Charges
March 18, 2026
Law.com
Scotus May Hear SEC “Gag Rule” Suit
March 18, 2026
Financial Times
Musk’s Lawyers Sidestepped SEC Team in Twitter Case Settlement Talks
March 18, 2026
Reuters
SEC Issues Crypto Guidance
March 17, 2026
Cleary Enforcement Watch
Enforcers File Fund-Valuation Cases
March 17, 2026
Bloomberg
Judge Declines Calls from SBF’s Mom
March 17, 2026
Securities and Exchange Commission
Enforcement Chief Ryan Is Out
March 17, 2026
Wall Street Journal
Quarterly Reports on Their Last Legs
March 17, 2026
Delaware Business Litigation Report
Delaware Supreme Court Says Form Matters on Books & Records Demands
March 16, 2026
The Governance Beat
SEC Gives Foreign Private Issuers Section 16 Relief for Now
March 16, 2026
D&O Diary
9th Circuit Revives Funko Case
March 16, 2026
Securities and Exchange Commission
SEC Drops Nader Al-Naji Case
March 16, 2026
Securities Regulation and Corporate Governance Monitor
EDGAR Access Delays and Conditional No-Action Relief for Section 16(a) Filers
March 16, 2026
D&O Diary
How to Counter ESG Backlash
March 15, 2026
CoinDesk
DeFi Flub Costs Crypto Trader $50 Mln
March 15, 2026
Regulatory & Compliance
Should Companies’ Insider-Trading Policies Cover the Prediction Markets?
March 15, 2026
ABA Business Law Today
How to Fix M&A Time-of-Essence Bug
March 15, 2026
Business Law Prof Blog
The SPV-pocalypse Is Coming
March 15, 2026
D&O Diary
Suit Tests Government’s Intel Stake
March 12, 2026
CoinDesk
Binance Sues WSJ on Iran Probe Piece
March 12, 2026
FCPA Professor
Smartmatic Says FCPA Case Vindictive
March 12, 2026
Bloomberg
Exxon Plans to Reincorporate in Texas
March 12, 2026
ThinkAdvisor
SEC Must Produce Texting Fine Data
March 12, 2026
Dealbook
Microsoft Sides With Anthropic v. DOD
March 11, 2026
Freshfields' A Fresh Take
DOJ Unifies Corporate Enforcement
March 11, 2026
The Governance Beat
More Nixed Investor-Proposal Suits
March 11, 2026
SEC Sentinel
FINRA Forward Program Launches
March 11, 2026
Reuters
Lawyer Sentenced for Ponzi Scheme
March 11, 2026
Wall Street Journal
Senate’s New Housing Bill Would Force Large Investors to Sell Homes
March 10, 2026
D&O Diary
State AGs Sue Over Section 122 Tariffs
March 10, 2026
FCPA Professor
Bill to Extend FCPA Limitations Statute
March 10, 2026
Bloomberg
Polymarket Enlists Palantir and TWG AI to Monitor Sports Bets
March 10, 2026
Business Law Prof Blog
IPO to Put Pershing Square in Nevada
March 10, 2026
Wall Street Journal
Anthropic Sues Defense Department
March 9, 2026
New York Times
DOJ, Live Nation Settle Antitrust Case
March 9, 2026
SEC Sentinel
FINRA Reveals Enforcement Changes
March 9, 2026
D&O Diary
D&O Liability in Geopolitical Whiplash
March 9, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Enforces Restrictive Covenant in Business Sale
March 9, 2026
Reuters
OpenAI Honcho Exits After DOD Deal
March 8, 2026
Wall Street Journal
FTC Chief Mixes MAGA, Enforcement
March 8, 2026
New York Times
Axel Springer to Buy UK’s Telegraph
March 8, 2026
The Governance Beat
Foreign Private Issuers Get SEC Relief
March 8, 2026
Bloomberg
CFTC, SEC May Move In Together
March 8, 2026
Wall Street Journal
States Sue to Stop New Trump Tariffs
March 5, 2026
Bloomberg
SEC Ends Crypto-Billionaire Sun Case
March 5, 2026
Dealbook
UK Banking App Seeks U.S. Charter
March 5, 2026
D&O Diary
Epstein Disclosure-Related Securities Suit Hits Apollo, Leon Black
March 5, 2026
Milbank Insights
SEC Revises Enforcement Playbook
March 5, 2026
Dealbook
Two Big Production Houses Merge
March 4, 2026
The Governance Beat
Vanguard Settles State Antitrust Suit
March 4, 2026
D&O Diary
How xAI-SpaceX Merger Stacks Up
March 4, 2026
Law.com
PCAOB, SEC Enforcement Hit Lows
March 4, 2026
CoinDesk
Trump’s Crypto Legacy: Paul Atkins
March 4, 2026
Wall Street Journal
DOJ Reverses on Law Firm Sanctions
March 3, 2026
Reuters
Treasury to Mull Bank Liquidity Rules
March 3, 2026
Freshfields' A Fresh Take
Texas Anti-ESG Law Struck Down
March 3, 2026
Bloomberg
SEC, Apex Spar Over Off-Channel Communications Sweep Settlement
March 3, 2026
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