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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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Editorial Board John C. Coffee, Jr. Edward F. Greene Kathryn Judge

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sustainability

Taking Consequences Seriously in Bankruptcy

By G. Ray Warner April 17, 2025 by renholding

The dominant shareholder primacy model of corporate governance makes shareholder wealth maximization both the purpose of a corporation and the only legitimate consideration for decisions by corporate directors.  Yet that single-stakeholder model is under attack on several fronts.  Numerous scholars …

Limits of Aligning Corporate Law With Environmental and Sustainability Regulation

By Thilo Kuntz March 25, 2025 by renholding

In the debate over introducing ideas from environmental and sustainability regulation to corporate law, one major issue has been largely missing: discounting frameworks. Discounting is important for evaluating the future benefits of investment today and is used by both social …

Should ESG Ratings Be Strictly Regulated? An EU Perspective

By Catherine Malecki August 9, 2024 by renholding

ESG ratings play an important role in helping companies and financial institutions integrate sustainability into their decisions. Yet critics argue that regulations are needed to address the ratings’ many shortcomings: a lack of transparency in the methodologies behind them, the …

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Arnold & Porter Discusses EU’s Corporate Sustainability Due Diligence Directive

By Katia Yannaca-Small, Alexander Italianer and Ana S. Pirnia June 7, 2024 by renholding

On May 24, 2024, the Council of the European Union gave its final approval to the Corporate Sustainability Due Diligence Directive (CSDDD or directive) that was proposed by the European Commission in February 2022.[1] This milestone marks the completion …

How Stressing ESG Affects Firm Value

By Sonam Singh, Ashwin V. Malshe, Yakov Bart and Serguei Netessine January 17, 2024 by renholding

The intersection of business and sustainability has undergone a transformative shift in recent years. Once relegated to the periphery of corporate consciousness, environmental, social, and governance (ESG) factors are now at the forefront of companies’ strategic considerations. Yet they raise …

Skadden Discusses Different Enforcement Approaches of EU, UK, and U.S. on Antitrust and Sustainability

By Aurora Luoma, Giorgio Motta and Boris Bershteyn November 16, 2023 by renholding

On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability initiatives by providing greater clarity on when UK competition …

How Competitive Pressure Shapes Firms’ ESG Performance

By Vesa Pursiainen, Hanwen Sun and Yue Xiang September 13, 2023 by renholding

In the face of competitive pressure, is there a trade-off between a company’s financial performance and its commitment to environmental, social, and governance (ESG) activities? Is ESG a source of competitive advantage, or do managers simply spend other people’s money …

Time for Private Equity to Separate the Green from the Greenwashing

By Garen Markarian and Alexander Semionov August 15, 2023 by renholding

It is de rigueur to label everything as sustainable – including in private equity. In a new working paper, we examine the claims of the top 100 private equity firms in the United States as to their committment to ESG. …

Wachtell Lipton Revisits the “New Paradigm” for Corporate Governance

By Martin Lipton, Steven A. Rosenblum, Karessa L. Cain, Elina Tetelbaum and Carmen X.W. Lu July 21, 2023 by renholding

In view of the attacks on “woke” corporations, ongoing legislative opposition to the consideration by investors and corporations of environmental, social and governance (ESG) issues, legal challenges to elements of ESG itself (notably, initiatives designed to further diversity, equity and …

Shareholder Proposals and the Debate over Sustainability Disclosure

By Jill E. Fisch and Adriana Z. Robertson July 11, 2023 by renholding

In March 2022, the U.S. Securities and Exchange Commission (SEC) proposed a rule requiring public companies to make certain climate-related disclosures as part of their securities filings.[1] The rule has been highly controversial, generating thousands of comment letters in …

What Does ESG Investing Mean, and Does It Matter Yet?

By Abed El Karim Farroukh, Jarrad Harford and David (Dongheon) Shin July 10, 2023 by renholding

Environmental, Social, and Governance (ESG) investing has drawn  a lot of attention over the past decade, but the extent to which institutional investors have altered their perspective on ESG, as evidenced by their voting and portfolio decisions, remains unclear. In …

Are Corporate Misdeeds Deterred by Market Competition?

By Jie Chen, Xuan Tian, Bin Xu and Xiaoyu Zhang May 19, 2023 by renholding

In July 2021, President Biden issued an executive order aimed at promoting competition in the American economy. This development has renewed researchers’ interest in the impact of competition on firm behavior and economic activity. While prior research focused on how …

Cooley Discusses “Internal Control over Sustainability Reporting”

By Cydney Posner April 11, 2023 by renholding

Under the pressure of institutional investors, environmental groups, employees, consumers and other stakeholders, many companies have sought to demonstrate their bona fides when it comes to ESG through disclosure about their sustainability efforts, goals and achievements, whether in periodic reports …

ISS Discusses Water Risks from an Investor Perspective

By Cosima Reiff, Erina Molina and Erin Wood April 7, 2023 by renholding

Water means life. More than half of our bodies consist of water, and it is an indispensable resource for production of food and other goods. It is fundamental for societies and ecosystems alike. While water covers approximately 70% of our …

Climate Disclosure Line-Drawing and Securities Regulation

By Virginia Harper Ho March 27, 2023 by renholding

In 2022, the Securities and Exchange Commission (SEC) proposed climate disclosure rules requiring each public company to tell investors specifically about the financial effects of climate risk on the company and how the company assesses those risks. The rules will …

Skadden Discusses ESG in 2022 and Predictions for 2023

By Raquel Fox, Marc S. Gerber, Aurora Luoma, Greg Norman and Simon Toms February 10, 2023 by renholding

Following another year of increasing focus on environmental, social and governance (ESG) considerations by companies, investors and regulators alike, ESG appears to have cemented its position in the corporate landscape. As set out in our 28 July 2022 client alert …

From “Corporate Social Responsibility” to “Corporate Social Liability”?

By Karl Hofstetter December 9, 2022 by renholding

The debate about corporate social responsibility has recently moved into new territory: the establishment of what can be called corporate social liability or CSL. CSL goes beyond classic tort and company law and may result in vicarious liability of …

The Global ESG Stewardship Ecosystem

By Tim Bowley and Jennifer G. Hill November 3, 2022 by renholding

In a recent working paper, we highlight a significant transnational dimension to a remarkable corporate governance development: the dramatic increase in attempts by institutional investors to influence how the companies they invest in address material environmental, social, and governance (ESG) …

ISS Discusses the Rise in Sustainability Officer Pay

By Paul Hodgson October 18, 2022 by renholding

Corporations are increasingly adding the role of Chief Sustainability Officer to their executive teams — at pay levels that place them among the top five Named Executive Officers — reflecting rising recognition of environmental, social and governance risk. In this …

Green Pills

By John Armour, Luca Enriques and Thom Wetzer September 7, 2022 by renholding

Many of the world’s largest firms have recently announced their intention to reduce carbon emissions over the coming decades. The financial sector claims to have mobilized over $130 trillion in support of the net zero transition, and 33 percent of …

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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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Bloomberg
Stablecoins Put Crypto Near Mainstream
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CoinDesk
Ripple Gets Back $75 Mln in Penalties
June 15, 2025
Securities Regulation and Corporate Governance Monitor
SEC Announces Leadership Changes
June 15, 2025
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Update on Nevada Reincorporations
June 15, 2025
Reuters
IPO Market Bounces Back
June 12, 2025
Wall Street Journal
Lawmakers Traded as Tariffs Imposed
June 12, 2025
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Crypto Enforcement Now Up to States
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DOJ Criminal Chief Speaks on FCPA
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U.S. Nuclear Energy Reboots
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Lawyer Richard Beattie Dies at 86
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What Can Directors Keep Private?
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SEC Says Existing Cuts Met DOGE Goal
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DOJ Focus Narrows in FCPA Cases
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Firms Face New Climate Strategy EOs
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Disney Buys Comcast’s Hulu Stake
June 9, 2025
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Delaware Chancery Nixes Liability for Wholly-Owned Subsidiary’s Parent
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New York Times
Meta in Talks to Invest in Scale AI
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Freshfields' A Fresh Take
SEC Rethinks Foreign Private Issuers
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Deal Lawyers.com
Delaware Chancery Grants Motion to Certify Constitution Issues on SB 21
June 9, 2025
Reuters
Japan Sees Progress in U.S. Tariff Talks
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Wall Street Journal
DOGE Staffers Fear Getting DOGE’d
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Bloomberg
BlackRock, Vanguard in Collusion Case
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Delaware Corporate & Commercial Litigation Blog
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Structural Antitrust Remedies Are Back
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The Block
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Reuters
Madoff Scam Recovery Tops $15 Billion
June 5, 2025
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Is CFTC Headed for One Commissioner?
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Delaware Chancery Addresses Preferred v. Common Conflict in Firm Sale
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Business Law Prof Blog
Internal Affairs Doctrine in the Hot Seat
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New York Times
Germans Buy EVs but Shun Teslas
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Freshfields' A Fresh Take
FTC Returns to Structural Remedies
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Most CEOs Want a Director Gone
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Sidley Enhanced Scrutiny
Delaware Chancery Slams Another Unripe Bylaw Challenge
June 4, 2025
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Ripple, Judge in Settlement Standoff
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Wall Street Journal
Wells Fargo Allowed to Grow Again
June 3, 2025
Delaware Business Litigation Report
Delaware Supremes Examines Contractual Ambiguity of Waiver Clauses
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Securities and Exchange Commission
Crypto Security Status Gets Muddier
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CoinDesk
Coinbase Seeks US Court for Oregon Suit
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Reuters
Scotus Turns Away Challenge to FINRA
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D&O Diary
Circuit Split Means PSLRA Headache
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Barron's
SEC Will Suffer Long Musk Hangover
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Reuters
SEC Takes Aim at AI Washing
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Delaware Supreme Court Addresses Fraudulent Concealment Post-Closing
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CFIUS Boosts Foreign-Firm Enforcement
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Securities Suit Settlements Get Smaller
June 1, 2025
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Begging for Crypto Bailouts Not OK
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Bloomberg
How Trump Attacks on Regulators Threaten Agency Independence
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Delaware Chancery OKs Unequal Payments Under Good Faith Covenant
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Internal Affairs Doctrine Gets Workout
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Wall Street Journal
Oregon Puts PE Medical Deals at Risk
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Bloomberg
U.S. Asks Judge to Dismiss Criminal Charge Over Boeing 737 Max Crashes
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Reuters
Appeals Court Stays Tariff Halt
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Big Three Asset Managers Draw Antitrust Scrutiny over ESG Policies
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Companies Struggle to Define DEI
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Bloomberg
U.S. Tightens China Chip Curbs
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New York Times
Porsche’s Tough Year Gets Tougher
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Freshfields' A Fresh Take
DOJ Charges Cartels as Terrorists
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D&O Diary
Will DOJ, SEC Be Willing to Police AI?
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Business Law Prof Blog
Nevada Moves Toward Business Court
May 28, 2025
Bloomberg
Congestion Pricing Freeze Blocked
May 27, 2025
Reuters
U.S. Will have Golden Share in Nippon Steel’s Takeover of U.S. Steel
May 27, 2025
Wall Street Journal
Salesforce Strikes Deal for Informatica
May 27, 2025
New York Times
Southwest Airlines Sets Baggage Fee
May 27, 2025
Reuters
Nvidia to Launch Cheaper Blackwell AI Chip for China After U.S. Export Curbs
May 26, 2025
Bloomberg
Xi Mulls New Made-in-China Plan
May 26, 2025
Wall Street Journal
Harvard Grants Move to Trade Schools?
May 26, 2025
Dealbook
Trump Takes on Apple
May 26, 2025
D&O Diary
Change Comes to State Corporate Laws
May 26, 2025
Bloomberg
Google Faces Antitrust Investigation Over Deal for AI-Fueled Chatbots
May 22, 2025
Wall Street Journal
Senate Votes to End California EV Law
May 22, 2025
Delaware Business Litigation Report
Delaware Chancery OKs Majority-of-Votes-Cast to Approve Share Increase
May 22, 2025
Deal Lawyers.com
Delaware Chancery Lets Dissidents Try Again on Advance Notice Bylaws
May 22, 2025
Business Law Prof Blog
Nevada Passes Corporate Law Bill
May 22, 2025
Wall Street Journal
Walmart to Cut 1,500 Jobs
May 21, 2025
Bloomberg
Disney Suspends Venezuelan Workers
May 21, 2025
Cooley M&A
The Latest on CFIUS Non-Notified Transaction Enforcement Cases
May 21, 2025
Delaware Business Litigation Report
Delaware Supremes Clarifies Forfeiture-for-Competition Clause Enforcement
May 21, 2025
D&O Diary
Forever Chemicals May Prompt Next Big Wave of Securities Lawsuits
May 21, 2025
Reuters
U.S. to Nix Biden Fuel Economy Rules
May 20, 2025
Bloomberg
Musk Commits to Tesla CEO Role
May 20, 2025
Wall Street Journal
Google Challenges AI Search Firms
May 20, 2025
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How Changes in Delaware Corporate Law Affect D&O Liability and Insurance
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Five Key Things from SEC Town Hall
May 20, 2025
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DOJ Probes Coinbase Data Theft
May 19, 2025
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SEC Chair Mulls Opening Private Markets
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Reuters
Nippon Steel to Invest in New U.S. Mill
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New York Times
Spain Cracks Down on Airbnb
May 19, 2025
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Buffett, Musk and Risks of Star CEOS
May 19, 2025
Bloomberg
Why Apple Hasn’t Cracked AI
May 18, 2025
Reuters
Boeing Near Deal to Avoid Guilty Plea
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GM Pushes to Tank State EV Mandate
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Dealbook
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Texas Enacts Corporate Law Reform
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