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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 By John C. Coffee, Jr.
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Editorial Board John C. Coffee, Jr. Edward F. Greene Kathryn Judge

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SEC

Shadow SEC Statement No. 6: The Not-So-GENIUS Act

By John Coates, John C. Coffee, Jr., James D. Cox, Merritt B. Fox and Joel Seligman July 14, 2025 by renholding

On June 17, 2025, the Senate passed the GENIUS Act, shorthand for the Guiding and Establishing National Innovation for U.S. Stablecoins Act, by a bipartisan vote of 68-30, with 18 Democratic Senators supporting the Bill.  The GENIUS Act would amend …

Shadow SEC Statement No. 5

By John Coates, John C. Coffee, Jr., James D. Cox, Merritt B. Fox and Joel Seligman July 3, 2025 by renholding

Last month, we circulated Shadow SEC Statement No. 4, which urged caution in legislating major changes in the Public Company Accounting Oversight Board (“PCAOB”) or its funding. The Senate nonetheless took up a bill that would have transferred the PCAOB’s …

How Shareholders Vote When Pay and Performance Are Misaligned

By James Jianxin Gong, Nian Lim (Vic) Lee and Sophia Wang July 1, 2025 by renholding

Shareholders and investor advocacy groups have long criticized executives for being paid top dollar while achieving subpar returns for shareholders. In response, the Securities and Exchange Commission (SEC) passed the Dodd-Frank Act of 2010, which has two, related provisions that …

SEC Commissioner Peirce Speaks on Executive Compensation

By Hester M. Peirce June 27, 2025 by renholding

Good afternoon. Thank you to Chairman Atkins for convening today’s roundtable and thank you to the moderators and panelists for joining us to discuss this important topic. On a recent trip to Alaska, one of the most striking sights was …

How to Fix the Crowdfunding Compliance Crisis

By Andrew A. Schwartz June 24, 2025 by renholding

The U.S. investment crowdfunding market is quietly facing a crisis.

A troubling number of startups have raised capital from everyday investors under Regulation Crowdfunding (Reg CF)—and then disappeared, ghosting the crowd by failing to file the annual reports required by …

Mayer Brown Discusses SEC Concept Release on Definition of Foreign Private Issuer

By Anna Pinedo, Jennifer Zepralka, Liz Walsh, Ali Perry and Ryan Castillo June 24, 2025 by renholding

On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the current definition should be amended in an …

Sullivan & Cromwell Discusses SEC Withdrawal of 14 Proposed Rules

By Colin Lloyd, Eric Diamond, Malou (Marie-Louise) Huth, Aaron Levine and Natasha Vasan June 23, 2025 by renholding

On June 12, the SEC withdrew 14 proposed rules stating that it did not intend to issue final rules with respect to the proposals and that if the SEC decides to pursue future regulatory action in any of these areas, …

A&O Shearman Discusses SEC Position on the Securities Status of Protocol Staking Activities

By Dario de Martino and Susan Gault-Brown June 16, 2025 by renholding

On May 29, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a statement concluding that certain proof-of-stake blockchain “staking” activities do not involve the offer or sale of “securities” within the meaning of the Securities …

Wachtell Lipton Discusses Cryptoasset Developments: Continued Progress Toward U.S. Regulatory Clarity

By Kevin S. Schwartz and David M. Adlerstein June 9, 2025 by renholding

As regulators and policymakers across the federal government press forward with creating long-sought rules of the road for the cryptoasset industry, several recent developments bear particular significance for the promise of the decentralized internet, or Web3. Among these is the …

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SEC Chair Speaks on Concept Release About Foreign Private Issuer Eligibility

By Paul S. Atkins June 6, 2025 by renholding

Good afternoon.  This is an open meeting on June 4, 2025 of the U.S. Securities and Exchange Commission under the Government in the Sunshine Act.  Commissioners Caroline Crenshaw and Mark Uyeda are here with me in Washington, D.C., and Commissioner …

Morrison & Foerster Discusses Top Five SEC Enforcement Developments for April 2025

By Michael D. Birnbaum, Haimavathi V. Marlier, Craig D. Martin, Nicole K. Serfoss and Patrick Byxbee June 5, 2025 by renholding

For the month when Paul Atkins was sworn in as SEC Chairman, we examine:

  • The SEC’s position that “Covered Stablecoins” are not securities under federal securities law;
  • An SEC victory in the Fifth Circuit regarding the imposition of a receivership
…

Regulating Algorithmic Accountability in Financial Advising

By Chen Wang June 4, 2025 by renholding

Artificial intelligence (AI) tools, particularly large language models, are quickly becoming integral to financial advising. Recent evidence, however, demonstrates that they can act against investors’ interests. In a 2023 experiment,researchers deployed GPT‑4 as an autonomous trading agent and found that …

SEC Chair Testifies Before Senate Appropriations Subcommittee on Financial Services

By Paul S. Atkins June 4, 2025 by renholding

Chairman Hagerty, Ranking Member Reed, and members of the Subcommittee. Thank you for inviting me to testify today.[1]

I am grateful for the opportunity to discuss the Securities and Exchange Commission, including our important mission on behalf of our

…

SEC Commissioner Dissents from Staff Statement on Protocol Staking Activities

By Caroline A. Crenshaw May 30, 2025 by renholding

Channeling the old adage of “fake it ‘till you make it,” today’s statement from the Division of Corporation Finance declares that “protocol staking” – locking up crypto tokens in a blockchain protocol to earn rewards – does not involve an …

FTI Consulting Discusses Private Credit’s Retail Revolution

By Selvin Akkus-Clemens and Ryan McCormick May 29, 2025 by renholding

The private credit market has undergone a remarkable expansion, with assets under management (AUM) growing from approximately $42 billion in 2000 to over $1.7 trillion by 2023.[1]

Like many transformative asset classes, private credit appears to be following a …

The Cost of Control: Board Structure and Firm Value in Controlled Companies 

By Dain C. Donelson, Jennifer Glenn and Christopher G. Yust May 28, 2025 by renholding

Controlled companies – public firms where an individual, group, or another company holds majority voting power – make up a significant and growing share of the U.S. public market, accounting for over $2.2 trillion in 2019 alone. Despite their scale, …

Redistricting Drives Congressional Demand for Corporate Financial Disclosures

By Ethan Rouen, Laura A. Wellman, Jing Pan and Matthew Ma May 21, 2025 by renholding

In the world of legislative decision-making, one truth holds: U.S. legislators are heavily motivated by re-election. To win votes, they must understand and serve the economic interests of their constituents. This dynamic raises an intriguing question: How do members of …

SEC Chair Testifies Before House Appropriations Subcommittee on Financial Services

By Paul S. Atkins May 21, 2025 by renholding

Chairman Joyce, Ranking Member Hoyer, and members of the Subcommittee. Thank you for inviting me to testify today.[1]

I am grateful for the opportunity to discuss the SEC, including our important mission on behalf of our fellow citizens, investors, …

Securities Regulation and Administrative Law in the Roberts Court

By David Zaring May 19, 2025 by renholding

In a new essay, I compare a judicial revolution that is happening with one that is not. Both the change and the status quo are being managed by the current Supreme Court. , When it comes to administrative law, the …

SEC Chair Speaks at Conference on Financial Market Regulation

By Paul S. Atkins May 19, 2025 by renholding

In order to keep the compliance folks here at the SEC happy, I must first note that the views I express here today are my own and do not necessarily reflect those of the full Commission or of my fellow …

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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
Nvidia Touts Chinese-AI Alternative
August 23, 2026
Bloomberg
Canada-US Flop, but Mexico Optimistic
August 23, 2026
New York Times
California and Paramount to Hold Preliminary Talks on Warner Deal
August 23, 2026
Cleary Securities Watch
SEC Tweaks 14a-8 Response Process
August 23, 2026
Business Law Prof Blog
Lawsuits Trip Over Value of SAFEs
August 23, 2026
Wall Street Journal
Weil Gotshal Rainmakers Talking Exit
August 20, 2026
Reuters
Crypto, AI, Betting Firms Fund Politics
August 20, 2026
The Governance Beat
Where Hot New Topics Land at Boards
August 20, 2026
Securities Litigation & Enforcement
Chancery Says Public Benefit Corps. Free of Revlon in Control Changes
August 20, 2026
Financial Times
Top Law Firms Making “Crazy” Hires
August 20, 2026
Wall Street Journal
U.S. National Debt Tops $40 Trillion
August 19, 2026
Bloomberg
YouTube Lures Creators From Netflix
August 19, 2026
Financial Times
PE Firm Charlesbank Nears Law Stake
August 19, 2026
D&O Diary
Securities Suit Hits AI Firm Blaize
August 19, 2026
Securities Regulation and Corporate Governance Monitor
SEC Exits Shareholder Proposal Game
August 19, 2026
Wall Street Journal
Hidden Deals Snared Dodgers Owner
August 18, 2026
Dealbook
Is Silicon Valley in DOJ’s Sights?
August 18, 2026
The Governance Beat
How AI Drives Institutional Investing
August 18, 2026
D&O Diary
Cybersecurity Flaws Prompt Securities Suit Against Israeli Firm
August 18, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Clarifies Implied Covenant’s Gap-Filling Role
August 18, 2026
Dealbook
Paramount Wants States to Shoulder Costs of Warner Deal Delay
August 17, 2026
Delaware Business Litigation Report
Delaware Chancery Finds for Lender in Breach of Contract Claim
August 17, 2026
Financial Times
Troubled Loans Strain Private Credit
August 17, 2026
Cleary Securities Watch
What ISS STOXX Survey Tells Us
August 17, 2026
CFIUS
New Matrix IDs Nat’l Security Risks
August 17, 2026
Bloomberg
Covert Oil Flows Keep Prices Down
August 16, 2026
Financial Times
Security Software Revives BlackBerry
August 16, 2026
D&O Diary
Pump-and-Dump Suits Proliferating
August 16, 2026
Deal Lawyers.com
Chancery Addresses Appraisal After SPAC Underwriter Reorganization
August 16, 2026
Business Law Prof Blog
Delaware Contract Horror Stories
August 16, 2026
Wall Street Journal
The Jobless Boom Has Arrived
August 13, 2026
Bloomberg
Court OKs Pied-a-Terre Tax for Now
August 13, 2026
Financial Times
DOJ Retreats from White Collar Crime, Targets Taxpayer Theft
August 13, 2026
D&O Diary
UK Boards Have AI Blind Spot
August 13, 2026
Deal Lawyers.com
Chancery Denies Motion to Dismiss Due to MFW “Ab Initio” Failure
August 13, 2026
Dealbook
Will Paramount Brinkmanship Work?
August 12, 2026
Freshfields' A Fresh Take
What Does AI Miss in Legal Disputes?
August 12, 2026
The Governance Beat
DOJ Antitrust Eyeing ISS, Glass Lewis?
August 12, 2026
Financial Times
Nelson Peltz Readies Wendy’s Bid
August 12, 2026
Deal Lawyers.com
CFIUS Releases 2025 Annual Report
August 12, 2026
New York Times
Ari Emanuel to Buy Broadway Theaters
August 11, 2026
The Governance Beat
Texas Stock Exchange Proposes to Overhaul Broker Voting Discretion
August 11, 2026
Cleary Securities Watch
FCA Eases UK IPO Research Rules
August 11, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Nixes Derivative Challenge to Insider Financing
August 11, 2026
Corporate & Securities Law Blog
California-Based Delaware Corp Subject to California Rule on Inspections Despite Forum Selection Clause
August 11, 2026
Reuters
Social-Media Addiction Cases Get OK
August 10, 2026
Wall Street Journal
Zuckerberg Lays Out New AI Vision
August 10, 2026
The Governance Beat
In-House Counsel Speak on Using AI
August 10, 2026
Financial Times
Nvidia Aims for $500bn AI Financing
August 10, 2026
Cleary Securities Watch
SEC Turns to Financial Fraud With New Reporting and Accounting Unit
August 10, 2026
Dealbook
Who Wins in Trump AI Safety Plan
August 9, 2026
Truth on the Market
AI Policy Regulating the Wrong Thing
August 9, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Explains Why an LLC Not Purely a Creature of Contract
August 9, 2026
Deal Lawyers.com
Chancery Rules Plaintiff’s Reliance on Buyer’s Non-Contractual Reps OK
August 9, 2026
Business Law Prof Blog
How PSLRA Affects Initial Complaints
August 9, 2026
Wall Street Journal
How FIFA PE Plan Nearly Broke Soccer
August 6, 2026
Bloomberg
Private Credit Firms Avert Worst Fears
August 6, 2026
The Governance Beat
Are Two Versions of a Proxy OK?
August 6, 2026
Financial Times
Biggest U.S. Law Firms Explore Selling Stakes to Private Equity
August 6, 2026
D&O Diary
Corporate Law Loophole Can Turbocharge Legal Fees and Expenses
August 6, 2026
Bloomberg
Google Shakes Up Its AI Leadership
August 5, 2026
Freshfields' A Fresh Take
DOJ Declination Telling About Priorities
August 5, 2026
Financial Times
JPMorgan Poaches BofA M&A Banker
August 5, 2026
D&O Diary
AI-Related Class Actions Piling Up
August 5, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Offers Faster Corporate Filings Services Than Texas
August 5, 2026
Wall Street Journal
Paramount-Warner Antitrust Trial Set
August 4, 2026
Reuters
Amazon Loses Court Ban on Perplexity’s AI Shopping Tools
August 4, 2026
Financial Times
Todd Blanche Poised to Become AG
August 4, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Awards Fees for Pre-Litigation Errant Conduct
August 4, 2026
Deal Lawyers.com
Delaware Chancery Reminds Drafters M&A Recitals Aren’t Binding
August 4, 2026
Bloomberg
Trump Slams Big Oil’s Big Profits
August 3, 2026
Delaware Business Litigation Report
Delaware Court Sustains Implied Covenant Claim in Earnout Dispute
August 3, 2026
Financial Times
UBS Money Laundering Rules Lax
August 3, 2026
D&O Diary
Dropbox DExit Draws Shareholder Suit
August 3, 2026
Securities Regulation and Corporate Governance Monitor
Chancery Rules Safe Harbor Shields Public Benefit Corp. Directors
August 3, 2026
Bloomberg
Trump’s Arctic Mining Deal Signals a New Era of State Capitalism
August 2, 2026
D&O Diary
Geopolitical Issues Spur Securities Suit
August 2, 2026
Financial Times
How Gibson Dunn Raided Wachtell
August 2, 2026
Freshfields' A Fresh Take
More Evidence That SPACs Are Back
August 2, 2026
Business Law Prof Blog
How IPO Trends Look Midyear
August 2, 2026
Wall Street Journal
U.S. Weighs Foreign-Student Work Fee
July 30, 2026
New York Times
U.S. Economy Slows as Inflation Bites
July 30, 2026
Freshfields' A Fresh Take
Congress Mulls Cloud Export Controls
July 30, 2026
Financial Times
Europe Balks at $20 Bln Fifa Stake Sale
July 30, 2026
D&O Diary
AI-Related Securities Suit Hits Israeli Web Development Platform
July 30, 2026
Reuters
BAT Must Face Cigarette Label Suit
July 29, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Invalidates Officer-Manager Removal in the LLC Context
July 29, 2026
Financial Times
Former Goldman Exec Awarded Millions After Paternity Leave “Stigma”
July 29, 2026
Sidley Enhanced Scrutiny
Chancery Nixes Control-Group Claim
July 29, 2026
D&O Diary
Private Credit Fee Suits Pile Up
July 29, 2026
Bloomberg
Warner Bros. Deal Collapse Would Cost the Ellisons $9.8 Billion
July 28, 2026
Delaware Business Litigation Report
Delaware Chancery Nixes Adding Claims Three Business Days Before Trial
July 28, 2026
Freshfields' A Fresh Take
FCPA Case Stresses Mexican Cartels
July 28, 2026
Financial Times
Gibson Dunn Nabs Wachtell Co-Chair
July 28, 2026
D&O Diary
Delaware Mulls “AI Companies”
July 28, 2026
Wall Street Journal
Ford Joins Race for U.S. Army Truck
July 27, 2026
Financial Times
Trump Threatens EU tariffs in Retaliation for U.S. Tech Group Fines
July 27, 2026
D&O Diary
Pump-and-Dump Securities Suit Ups Market Manipulation Litigation Trend
July 27, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Nixes Prevention Doctrine Argument in Contract Breach Analysis
July 27, 2026
Cleary Antitrust Watch
EU Foreign Subsidies Regs Picking Up More Transactions Than Expected
July 27, 2026
Wall Street Journal
Sazerac Wants Another Shot at Jack Daniel’s Maker Brown-Forman
July 26, 2026
Delaware Business Litigation Report
Delaware Supreme Court Addresses Corporate Benefit from Tesla Director Compensation Settlement
July 26, 2026
D&O Diary
Securities Suit Filings, Settlement Numbers Rise in First Half 2026
July 26, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Addresses AI Hallucinations in Court Filings
July 26, 2026
Corporate & Securities Law Blog
Nasdaq OKs $5 Million Market Value Continued Listing Rule
July 26, 2026
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  • Business Law Prof Blog
  • Corporate & Securities Law Blog
  • DealLawyers
  • Delaware Corporate and Commercial Litigation Blog
  • Gibson Dunn Securities Regulation and Corporate Governance Monitor
  • Harvard Law School Forum on Corporate Governance
  • How Appealing
  • PubCo @ Cooley
  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
  • The D&O Diary
  • Truth on the Market
  • White Collar Crime Prof Blog
The Blue Sky Blog is Sponsored by Columbia Law School's Center on Corporate Governance.
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