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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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Does Litigation Encourage or Deter Real Earnings Management?

By Sterling Huang, Sugata Roychowdhury and Ewa Sletten October 31, 2019 by renholding

Securities class actions may deter financial misreporting and flawed disclosure, but how effective are they at deterring managers from taking actions that sacrifice long-term value for higher profits? In a recent paper, we uncover a novel mechanism that extends the …

How Taxing Short-Term Share Profits Can Foster Innovation

By Eric He, Martin Jacob, Rahul Vashishtha and Mohan Venkatachalam June 19, 2019 by renholding

If short-termism shackles innovation, how do we break the chains? Our evidence suggests that increasing capital gains taxes for investors on short-term share appreciation is one possible solution.

Research shows that myopic focus on short-term earnings hurts investments in research …

The Neglected Role of Justification Under Conditions of Uncertainty

By Claire A. Hill and Alessio M. Pacces March 12, 2019 by renholding

A hot topic in corporate governance is the so-called short-termism of publicly held companies. In response to actual and anticipated pressure from activist hedge funds, companies are, some say, focusing too much on short-term gains by, for instance, shunning research …

Corporate Governance Consequences of Passive Investing

By Giovanni Strampelli July 19, 2018 by renholding

The popularity of index funds, which automatically track an index of stocks, is continuing to grow in the U.S, and, albeit less intensely, in the EU. Due to the high concentration of the index funds industry, the exponential rise of …

Hedge Fund Activism as a Conflict of Entrepreneurship

By Alessio M. Pacces February 22, 2017 by renholding

Hedge funds have boosted shareholder activism worldwide. In my recent article, I discuss the policy response to hedge fund activism. I argue that the short-termism debate cannot shed light on the desirability of such activism. Rather, hedge fund activism should …

What Corporate Law’s Emphasis on the Long Term Might Mean

By J.B. Heaton November 22, 2016 by renholding

To read influential corporate lawyers, legal academics, and jurists, shareholders are an alarmingly myopic bunch who demand that corporate directors and managers make short-term decisions that sacrifice long-term value. The group receiving the most scolding of late is hedge fund …

Shareholder Activism, the Short-Termist Red-Herring, and the Need for Corporate Governance Reform

By Jeffrey N. Gordon March 28, 2016 by ilyabeylin

The “meh” economy that accounts for some of the sourness in the American electorate is partly due to a design flaw in the US corporate governance system.  One proffered diagnosis is that  companies invest for the short term and are …

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Short and Long Term Investors (and Other Stakeholders Too): Must (and Do) Their Interests Conflict?

By Claire A. Hill and Brett McDonnell March 23, 2016 by ilyabeylin

The world of corporate governance is undergoing two intense, inter-related debates. One is a debate as to whether profit-maximization in the short term is really different from profit-maximization in the long term, and if so whether American corporations are currently …

2 Comments  

Wachtell Lipton discusses Short-Term Investors, Long-Term Investments, and Firm Value

By Martin Lipton and Marshall P. Shaffer February 3, 2016 by ilyabeylin

A January 2016 study, Short-Term Investors, Long-Term Investments, and Firm Value, by Martijn Cremers, Ankur Pareek and Zacharias Sautner, provides substantial “empirical” evidence for the fact that, in the current corporate governance environment, short-term investors possess the undue …

Arthur J. Gallagher discusses Study of 2014 Short- and Long-Term Incentive Design Criterion

By James F. Reda, David M. Schmidt and Kimberly A. Glass February 3, 2016 by ilyabeylin

In order to investigate what (and how much) is being reported in annual proxy statements about executive pay packages and how incentive pay is designed, Arthur J. Gallagher & Co.’s Human Resources & Compensation Consulting Practice (formerly James F. Reda …

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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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Delaware Business Litigation Report
Chancery Keeps Reasonableness Standard in Restrictive Covenant Dispute
December 23, 2025
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
December 23, 2025
Dealbook
Dealmakers Grow Bullish on 2026
December 22, 2025
Sidley Enhanced Scrutiny
California Court Says Federal Forum Clauses Enforceable in Securities Suits
December 22, 2025
Wall Street Journal
The SEC May Make Wall Street Analysts Corrupt Again
December 22, 2025
Deal Lawyers.com
New Defense Act to Prompt Expansion of Outbound Investment Control
December 22, 2025
Business Law Prof Blog
The Lessons of Oklahoma Biz Court
December 22, 2025
Delaware Business Litigation Report
Delaware Chancery Rules in Nonstock Corporation’s Board Removal Case
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D&O Diary
Securities Lawsuits Related to Data Breaches Hit Two Tech Companies
December 21, 2025
Wall Street Journal
PCAOB to Cut Chair’s Pay by Over Half
December 21, 2025
Securities and Exchange Commission
FTX Consent Judgments Reached
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Musk Pay Ruling Is Politically Expedient
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New York Times
BP CEO Exits, New Boss Named
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Freshfields' A Fresh Take
SEC Retires Rigid Compliance System
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SEC Sentinel
SEC Engages in a Flurry of Activity
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Lexology
SEC Cybersecurity Rules Taking Effect
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FactSet
M&A Deal Activity Dropped Last Month
December 18, 2025
New York Times
Warner Bros: Ellisons Misled Investors
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Bloomberg
Amazon Names New AI Chief
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D&O Diary
Digital Ad Analytics Firm Hit With Securities Suit for Understating AI Risk
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California Spoofing Case Settles
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Beware M&A Deal Jumping
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Travel Ban to Cover More Countries
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Bloomberg
Warner Bros to Reject Paramount Bid
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Delaware Business Litigation Report
Chancery Nixes Fraud, Aiding-Abetting Claims Against Seller, Controller
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New Data Won’t Settle Rate Debate
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D&O Diary
Are ESG Shareholder Proposals Over?
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Delaware Business Litigation Report
Chancery Nixes Challenge to Voting Agreement in Director Removal Case
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SpaceX May Soon Launch an IPO
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D&O Diary
U.S. Brings Criminal Tariff Evasion Enforcement Action
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Delaware Chancery Strikes Affirmative Defense of Fraudulent Inducement
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Bandera Fund Case Back in Chancery
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Business Law Prof Blog
Trump Takes Aim at Proxy Advisers
December 14, 2025
D&O Diary
Does Issuance of Stock to Settle a Shareholder Suit Constitute “Loss”?
December 14, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Affirms High Bar for Challenging Advance Notice Bylaws
December 14, 2025
Bloomberg
Bill Would Force SEC Disclosure of Stock Trades by Foreign Insiders
December 14, 2025
New York Times
Trump Arrives, SEC Retreats on Crypto
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Bloomberg
More Corporate Tax Breaks Coming
December 11, 2025
Delaware Business Litigation Report
Delaware Supreme Court OKs Amazon Investor Push for Antitrust Probe
December 11, 2025
New York Times
Do Kwon Sentenced to 15 Years
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The Governance Beat
Defense Bill to Impose Section 16 Obligations on Foreign Private Issuers
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D&O Diary
Securities Litigation Risk on the Rise
December 11, 2025
Bloomberg
OCC Accuses Nine Banks of Debanking
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Delaware Business Litigation Report
Chancery Dismisses Claims for Breach of Fiduciary Duty Due to Release
December 10, 2025
New York Times
How AI and Dot-Com Booms Differ
December 10, 2025
Yahoo Finance
SEC Chair to “Futureproof” Crypto Regs
December 10, 2025
Deal Lawyers.com
Delaware Supreme Court Affirms Two Chancery Court Decisions on M&A
December 10, 2025
Dealbook
Nvidia Can Sell More Chips to China
December 9, 2025
Politico
SEC’s Crenshaw Fears Coming Pain
December 9, 2025
Bloomberg
PCAOB Picks Face More SEC Delay
December 9, 2025
Deal Lawyers.com
Tidbits from Paramount’s Warner Offer
December 9, 2025
Business Law Prof Blog
Paramount Warner Bid Not So Hostile
December 9, 2025
Wall Street Journal
Berkshire Hathaway Shuffles at Top
December 8, 2025
Reuters
Paramount Goes Hostile on Warner Bros
December 8, 2025
Securities and Exchange Commission
Money Manager Poseur Hit for Fraud
December 8, 2025
Bloomberg
Immigration Rules Becoming Deal Focus
December 8, 2025
Corporate & Securities Law Blog
Delaware Chancery Says Execs’ Misconduct Not Always Loyalty Breach
December 8, 2025
The Governance Beat
Glass Lewis Updates Benchmark Policy
December 7, 2025
D&O Diary
SEC Group Guides on AI Disclosure
December 7, 2025
SEC Sentinel
SEC Issues 2026 Examination Priorities
December 7, 2025
Delaware Business Court Insider
Firms Fare Well in Entire Fairness Trials
December 7, 2025
Business Law Prof Blog
SEC Mulls New Anti-Proxy Adviser Plan
December 7, 2025
Wall Street Journal
AI Threatens the Billable Hour
December 4, 2025
Reuters
Netflix Tops Warner Bros. Bids
December 4, 2025
New York Times
Kalshi Prediction Market Raises $1 Bln
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Fox News
SEC Ups Chinese Firm Scrutiny in U.S.
December 4, 2025
Bloomberg
Virtu to Pay $2.5 Million in SEC’s Client Trading Data Case
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