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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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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
DOJ Asks Less, Speeds Deal Reviews
July 23, 2026
Cleary Securities Watch
SEC Offers E-Delivery as New Default for Proxies, Other Disclosures
July 23, 2026
CNBC
NJ Deli Fraudster Gets 21 Months
July 23, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Dives Deep Doctrinally Into Voidable v. Void Corporate Acts
July 23, 2026
WTW Blog
Reps and Warranties Insurers Zero In on Condition of Assets Risks
July 23, 2026
Bloomberg
EU Tentatively OKs Paramount-Warner
July 22, 2026
Wall Street Journal
Coinbase Sues, SEC Settles
July 22, 2026
Axios
Lawmaker Seeks SEC Probe of Truth Social’s Data-Access Monetizing
July 22, 2026
Law.com
Semi-Annual Reporting Hits a Wall
July 22, 2026
ABA Business Law Today
M&A Further Assurances Clauses May Be Stronger Than You Think
July 22, 2026
Wall Street Journal
Chinese AI Models Alarm U.S. Execs
July 21, 2026
Reuters
Boeing Asks U.S. to Intervene over Record EU Loan to Airbus
July 21, 2026
Bloomberg
Canada Defies Trump, Keeps Alcohol Ban
July 21, 2026
Freshfields' A Fresh Take
NJ Issues New Data Privacy Rules
July 21, 2026
Financial Times
Trump Prepares Fresh Tariff Barrage
July 21, 2026
Bloomberg
Judge Pauses Paramount-Warner Deal
July 20, 2026
Dealbook
U.S. AI Giants Face Fresh Tests
July 20, 2026
Financial Times
“Synthetic Insider” Attacks Raise Stakes for Corporate Cyber Defense
July 20, 2026
D&O Diary
Crypto D&O Risk Is Evolving
July 20, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Imposes Contempt Penalties for Non-Compliance With Injunction
July 20, 2026
Wall Street Journal
DOJ Pulls Back From Corporate Crime
July 19, 2026
Reuters
Apple Topples Nvidia as Most Valuable
July 19, 2026
Cleary Securities Watch
SEC Issues Guidance on Activist Fund Disclosure Under Schedule 13D, 14A
July 19, 2026
D&O Diary
Semi-Annual Reporting Gets Panned
July 19, 2026
Business Law Prof Blog
Trump Breaks Insider Trading Ground
July 19, 2026
Bloomberg
Honda to Halt Last U.S. EV Sales
July 16, 2026
Dealbook
Anthropic Inches Toward Mega-IPO
July 16, 2026
The Governance Beat
SEC Seeks Record Rulemakings
July 16, 2026
Financial Times
Chevron, Iraq Seek Hormuz Bypass
July 16, 2026
Federal Trade Commission
HSR Filing Failure Brings Record Fine
July 16, 2026
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
July 15, 2026
Dealbook
Is IBM a Canary in Tech Coalmine?
July 15, 2026
Financial Times
Stripe, Advent Bid $53 Billion for PayPal
July 15, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Which Law Governs Inspection Rights
July 15, 2026
Wall Street Journal
Scotus Justices Testify to Congress
July 14, 2026
Bloomberg
UK May Make Firms Publish Salaries
July 14, 2026
New York Times
U.S. Workers at Most Productive Ever
July 14, 2026
Freshfields' A Fresh Take
FTC John Deere Settlement Signals Scrutiny of Aftermarket Repair Limits
July 14, 2026
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
July 13, 2026
D&O Diary
AI-Related Securities Suits Evolving
July 13, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Draws a Line on Release Conditions in M&A
July 13, 2026
Bloomberg
Trump Embraces Australian Retirement System Backed by Larry Fink
July 12, 2026
Delaware Business Litigation Report
Delaware Supreme Court Clarifies Distinction Between Void and Voidable
July 12, 2026
Freshfields' A Fresh Take
Federal Regulators Propose New Rules for Payment Stablecoin Issuers
July 12, 2026
Financial Times
Big Tech to Face Big EU Fines for Consumer Protection Failures
July 12, 2026
Business Law Prof Blog
How Comment Letters Stack Up on SEC Semi-Annual Reporting Rule
July 12, 2026
Wall Street Journal
Netflix Exploring Live TV, Bundles
July 9, 2026
Bloomberg
Goldman Bans Staff From Prediction-Market Bets on Finance, War
July 9, 2026
Cleary Securities Watch
SEC Issues 2026 Rulemaking Agenda
July 9, 2026
Securities Regulation and Corporate Governance Monitor
SEC Guidance on Activism, Tender Offers, Proxy Matters, Crowdfunding
July 9, 2026
Business Law Prof Blog
The Latest on Reincorporations
July 9, 2026
Bloomberg
Supreme Court’s Originalism Is Dead
July 8, 2026
Wall Street Journal
Why Smucker’s Bet on Twinkie Flopped
July 8, 2026
Delaware Business Litigation Report
Chancery Applies “Heightened” Presumption of Director Independence
July 8, 2026
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
July 7, 2026
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
June 30, 2026
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
Bloomberg
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
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