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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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sustainability

Institutional Investors Play a Dubious Role in the Green Transition

By Giovanni Strampelli November 10, 2025 by renholding

In recent years, institutional investors have been at the center of the global effort to advance an economic transition toward sustainability. Asset managers are increasingly expected to use their financial influence to promote environmental, social and governance (ESG) objectives. However,

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Shareholderism Around the World: Corporate Purpose, Culture, and Law

By Renee B. Adams and Amir N. Licht September 23, 2025 by renholding

The debate over corporate purpose – whether companies should serve shareholders exclusively or balance the interests of a broader set of stakeholders – has become one of the defining issues in corporate governance. With climate change and sustainability shaping regulatory …

The Global Issues Corporate Boards Must Face Right Now

By Christian Bühring-Uhle and Frederik Otto September 16, 2025 by renholding

The growing body of governance literature offers no shortage of views on what boards ought to concern themselves with beyond the routine fare of overseeing management and discussing strategy and finances. Depending on the perspective of the author, topics range …

Why Climate-Risk Transparency Pays

By Erhan Kilincarslan, Zezeng Li and Jiafan Li August 15, 2025 by renholding

While climate change poses clear threats to corporate financial health, from disrupted supply chains to higher insurance costs, our new research shows that climate risks don’t always lead to lower credit ratings. In fact, we find, firms that increase transparency …

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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 …

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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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Cleary M&A Watch
Court Blocks California Climate Rules
November 25, 2025
Dealbook
Fed, Big Tech Lift Investors’ Spirits
November 25, 2025
Wall Street Journal
Four Apple Executives Are Top Contenders to Succeed CEO Tim Cook
November 25, 2025
Reuters
Alphabet Nears $4 Trillion Market Value
November 25, 2025
Bloomberg
Hassett Emerges as Fed Frontrunner
November 25, 2025
Wall Street Journal
U.S. to Skip Publication of Initial Third-Quarter GDP Estimate
November 24, 2025
Bloomberg
Comey, James Charges Dismissed
November 24, 2025
Freshfields' A Fresh Take
OFAC Sanctions Colombia’s President
November 24, 2025
Cooley Securities Regulation
SEC Chair Offers Vision for Crypto Regs
November 24, 2025
Corporate & Securities Law Blog
Delaware Courts Limit Noncompete Enforcement in Incentive Plans
November 24, 2025
Dealbook
UK Daily Mail Owner to Buy Telegraph
November 23, 2025
Corporate Governance
SEC Posts First “Reasonable Basis” Notice for Pending No-Action Request
November 23, 2025
Cleary Enforcement Watch
SEC 2026 Exam Priorities Change Little
November 23, 2025
Financial Times
Make Insider Trading Thing of the Past
November 23, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Levies Fees for Lack of Candor Causing Discovery Abuses
November 23, 2025
Bloomberg
Trump Plans Offshore Drilling Expansion
November 20, 2025
New York Times
Yen for Low Prices Boosts Walmart Sales
November 20, 2025
Freshfields' A Fresh Take
BIS Suspends “Affiliates Rule” on Exports
November 20, 2025
The Governance Beat
Ninth Circuit Temporarily Freezes California Climate Reporting
November 20, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Limits Personal Jurisdiction in Crypto Theft Case
November 20, 2025
Bloomberg
Nvidia’s Huang Dismisses Bubble Fears
November 19, 2025
Reuters
Trump Mulls Preempting State AI Laws
November 19, 2025
Wall Street Journal
October Jobs Data Not Forthcoming
November 19, 2025
New York Times
Saudi Arabia Backs Elon Musk’s xAI
November 19, 2025
Brookings
Merge CFTC, SEC to Regulate Digital
November 19, 2025
Cleary M&A Watch
The Latest on No-Action Letter Changes
November 18, 2025
Wall Street Journal
Meta Defeats FTC Antitrust Case
November 18, 2025
Bloomberg
Elliott Wins CEO Change at Rexford
November 18, 2025
D&O Diary
SEC Enforcement Actions Decline
November 18, 2025
Reuters
SEC Eases 2026 Crypto Sector Exams
November 18, 2025
Wall Street Journal
Firm Layoff Tactics Keep Changing
November 17, 2025
New York Times
Crypto Flooded With Dirty Billions
November 17, 2025
The Governance Beat
SEC Exits Investor Proposal Processing
November 17, 2025
Delaware Corporate & Commercial Litigation Blog
Chancery Rules Bank Directors Face Liability for Illegal Overdraft Issue
November 17, 2025
Business Law Prof Blog
The Latest on Delaware Corporate Exits
November 17, 2025
Bloomberg
Zero-Day Options Limit Stock Rallies
November 16, 2025
Securities and Exchange Commission
Deputy Enforcement Chief Exits SEC
November 16, 2025
Securities Regulation and Corporate Governance Monitor
SEC Registration Tips Post-Shutdown
November 16, 2025
Deal Lawyers.com
Coinbase DExits to Pro-Crypto Texas
November 16, 2025
Business Law Prof Blog
How Trump Can Hurt Proxy Advisers
November 16, 2025
Bloomberg
Warner Bros. Shields CEO Pay in a Sale
November 13, 2025
Reuters
Verizon to Cut About 15,000 Jobs
November 13, 2025
Wall Street Journal
Paramount, Comcast, Netflix Prepare Bids for Warner as Deadline Nears
November 13, 2025
New York Times
UK OKs Small Nuclear Reactor in Wales
November 13, 2025
The Governance Beat
White House Mulls Proxy Adviser Limits
November 13, 2025
Bloomberg
October Jobs, CPI Data Reveal Unlikely
November 12, 2025
Wall Street Journal
U.S. Mints Its Final Pennies
November 12, 2025
The Governance Beat
Microsoft Excludes Shareholder Proposal Without No-Action Relief
November 12, 2025
The Block
SEC Chair Unveils “Token Taxonomy”
November 12, 2025
Deal Lawyers.com
Delaware Chancery Rules M&A Choice-of-Law Clause Covers Defamation
November 12, 2025
Bloomberg
CFPB Says Money Poised to Run Out
November 11, 2025
The Governance Beat
More Vanguard Funds Get Voting Choice
November 11, 2025
Washington Post
DOJ Struggles as Thousands Exit
November 11, 2025
Dealbook
SoftBank Sells Nvidia Stake to Pay for AI
November 11, 2025
D&O Diary
Backdoor Class Actions Thriving in UK
November 11, 2025
Wall Street Journal
Tariff Case May Define Scotus Chief
November 10, 2025
Bloomberg
BlackRock Faces 100% Private Loan Loss
November 10, 2025
Dealbook
Will Musk Get the $1 Trillion?
November 10, 2025
D&O Diary
First Brands Sues Founder: Misconduct
November 10, 2025
ThinkAdvisor
Is SEC Regulation by Enforcement Dead?
November 10, 2025
Bloomberg
Inflation Data Fog Thickens for Fed
November 9, 2025
Reuters
Retailers Promise Cheaper Thanksgiving
November 9, 2025
Wall Street Journal
Visa, Mastercard Near Merchants Deal
November 9, 2025
Dealbook
Debt Has Entered the AI Boom
November 9, 2025
D&O Diary
Tariffs Securities Suit Hits Carmax
November 9, 2025
Wall Street Journal
Europe Probes Nasdaq Over Antitrust
November 6, 2025
Bloomberg
Bayer Weighs Roundup’s Demise
November 6, 2025
Reuters
Tesla Shareholders OK $1 Trln Musk Pay
November 6, 2025
New York Times
UK Faces Up to Hard Economic Choices
November 6, 2025
D&O Diary
Should Securities Suits Go to Trial?
November 6, 2025
Bloomberg
Crypto Trust-Charter Bid Sparks Alarm
November 5, 2025
New York Times
Tariffs Send Automakers Into Chip Tizzy
November 5, 2025
Freshfields' A Fresh Take
SEC Ups Foreign Private-Issuer Scrutiny
November 5, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Confirms Common Law Standard for Actual Control
November 5, 2025
Dykema
Dealmakers Warily Optimistic for 2026
November 5, 2025
Bloomberg
Trump’s Options If Scotus Nixes Tariffs
November 4, 2025
The Governance Beat
ISS Proposes 8 Voting Policy Changes
November 4, 2025
Wall Street Journal
Big Tesla Investor Rejects Musk Pay
November 4, 2025
D&O Diary
AI-Related Securities Suit Filed Against IC Design Software Firm
November 4, 2025
Deal Lawyers.com
M&A Anti-Reliance Clauses Skirt Risk
November 4, 2025
Wall Street Journal
Starbucks to Sell China-Business Stake
November 3, 2025
Bloomberg
Tylenol Deal Is Both Cheap and Risky
November 3, 2025
The Governance Beat
A Rare Pricing of IPO During Shutdown
November 3, 2025
CoinDesk
SBF Retrial-Appeal Hearing Next Week
November 3, 2025
Deal Lawyers.com
Ozempic Firm Deal Jumps for Metsera
November 3, 2025
Wall Street Journal
The Amazonification of Whole Foods
November 2, 2025
Bloomberg
Teslas’ Broken Doors Prompt US Probe
November 2, 2025
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Addresses Counsel Role in Two-Person Board Deadlock
November 2, 2025
Business Law Prof Blog
Telsla’s Proposal Bundling Looks Dodgy
November 2, 2025
New York Times
Big Tech AI Spending Accelerating
November 2, 2025
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  • PubCo @ Cooley
  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
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