Trump

John C. Coffee, Jr. – The Trump Civil Trial: Has Anyone Looked at the Statute?

By John C. Coffee, Jr. November 21, 2023 by renholding

The end is in sight for New York Attorney General Letitia James’ suit against Donald Trump, but the most important questions have still not been posed or addressed. Indeed, much has proceeded in the reverse of the usual order. The …

Calling Republicans’ Bluff on the Debt Ceiling – and Creating Contingency Plans

By Eric W. Orts May 16, 2023 by renholding

As Treasury Secretary Janet Yellen recently observed, the United States has not defaulted on its national debt since its founding in 1789, and we should not start now.[1] She also pointed out that Congress has raised the statutory ceiling …

The Cutting Edge Podcast, Episode 2 – “Special Counsel: Whose Interests Do They Serve?”

By Reynolds Holding September 28, 2022 by renholding

Here’s the second episode of The Cutting Edge, a podcast series that examines white collar crime and corporate governance. This episode, “Special Counsel: Whose Interests Do They Serve?” looks at the history and unique status of the special counsel …

Presidential Pendulums in Finance

By Christina Parajon Skinner November 11, 2020 by renholding

While much attention has been paid to President Trump’s deregulatory efforts and intentions, presidential involvement in the work of the administrative agencies is not new.  Past presidents including Ronald Reagan, Bill Clinton, and Barack Obama have acted up to – …

Do Share Buybacks Deserve More Regulatory Scrutiny?

By Georges Ugeux April 29, 2019 by renholding

In 2018, U.S. companies spent $1 trillion to buy back their shares, while they spent $4 trillion to do so between 2008 and 2017. This is raising strong criticism from different quarters in the political sphere. Not only do key …

Insider Trading and Executive Overreach

By Kevin R. Douglas March 22, 2019 by renholding

The recent controversy over President Donald Trump’s use of his emergency authority to fund a wall on the U.S. southern border has awakened many Americans to the problem of executive overreach. Yet, what few may appreciate is that executive overreach …

Thinking Holistically Before Dropping Quarterly Reporting

By James D. Cox August 27, 2018 by renholding

Robust capital markets are widely believed to signal economic vitality, and a reliable barometer of such vitality was historically a rising number of IPOs and listings.  Yet, as we are experiencing record setting economic expansion, that barometer has failed us.  …

Quarterly Reporting and Market Liquidity

By Joshua R. Mitts August 27, 2018 by renholding

Trading in U.S. equity markets is fast and cheap.  While proponents of ending quarterly reporting point to the dangers of short-termism, less frequent disclosure is also likely to lead to a decline in liquidity and to greater trading costs.  The …

Cutting Disclosure Frequency Is the Wrong Solution to the Wrong Problem

By Charles K. Whitehead August 27, 2018 by renholding

President Trump has directed the Securities and Exchange Commission to study whether a public company’s reporting requirements should shift from a quarterly to semi-annual schedule.  Doing so, according to the president, “would make business (jobs) even better in the U.S.” …

Skadden Discusses Latest Legislation to Expand Foreign Investment Review

By Pascal Bine, Michael E. Leiter, Ivan A. Schlager, Donald L. Vieira, Jonathan M. Gafni and Michelle A. Weinbaum July 9, 2018 by renholding

In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European governments are seeking to expand …

SEC’s Jackson Calls for Curbing Executives’ Ability to Cash Out on Buybacks

By Robert J. Jackson, Jr. June 12, 2018 by renholding

Thank you so much, Neera [Tanden], for that very kind introduction. I’ve long admired all that you and everyone here at the Center for American Progress do to promote a progressive economic agenda. And I share your commitment to making

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Bagman, Fixer, Lobbyist, and Lawyer: Can Michael Cohen Combine All These Roles?

By John C. Coffee, Jr. May 14, 2018 by renholding

Once a legal unknown, Michael Cohen made it last week to the front pages of both the New York Times and the Wall Street Journal. Charges swirl around him as the personal fixer for President Trump and the alleged …

Arnold & Porter Discusses How CLOUD Act Revamps Government Access to Data

By L. Charles Landgraf, Amy Jeffress, John Bellinger, Ron Lee, Charles Blanchard and Andy Wang April 12, 2018 by renholding

The massive 2,232-page, $1.3 trillion spending bill signed into law on March 23 by President Trump does more than just fund the government.  The bill also contains a provision that will have a significant impact on data privacy.  Tacked on …

Kirkland & Ellis Discusses Trump Administration’s Ban on Dealings in Venezuelan Cryptocurrency

By Mario Mancuso, Erica Williams, Michael Casey, Sanjay Mullick and Joanna Ritcey-Donohue April 2, 2018 by Carly Goeman

On March 19, 2018, President Trump issued an Executive Order “Taking Additional Steps to Address the Situation in Venezuela” (“Executive Order”) that prohibits U.S. persons from engaging in dealings in any digital currency, digital coin, or digital token issued by, …

Antitrust and Economic Liberty: A Policy Shift from the Trump Administration?

By Joseph Coniglio February 23, 2018 by renholding

For the past 40 years, U.S. antitrust law has been understood as a consumer welfare prescription against conduct leading to higher prices, reduced output, and lower quality or innovation.  A growing number of commentators argue, however, that this understanding of …

Porn Star Might Talk Despite Confidentiality Agreement

By Victor P. Goldberg February 21, 2018 by renholding

When Michael Cohen, President Donald Trump’s personal lawyer, acknowledged paying $130,000 of his own money to Stephanie Clifford (aka Stormy Daniels), the porn star who once claimed to have had an affair with Trump, Clifford’s lawyer announced that Cohen had …

Latham & Watkins Discusses Expanded Sanctions

By Les P. Carnegie, William M. McGlone, Eric S. Volkman, Jennifer Kendrex and Elizabeth Annis August 31, 2017 by renholding

On Wednesday, August 2, 2017, President Donald Trump signed into law the Countering America’s Adversaries Through Sanctions Act (the Act). The Act significantly expands and codifies US sanctions targeting Russia, and it adds several measures to the already comprehensive US …

Skadden Discusses Disclosure Trends

By Michal Berkner, Brian V. Breheny and James A. McDonald June 5, 2017 by Jeff Himelson

The Brexit vote and President Donald Trump’s election and proposed regulatory and other reforms have led to worldwide geopolitical uncertainty. We expect reporting companies will continue to disclose risk factors relating to these events in their quarterly and annual filings …

Paul Weiss Discusses Review of Dodd-Frank Provisions

By Mark S. Bergman, Andrew J. Foley, Roberto J. Gonzalez, David S. Huntington and Hank Michael May 12, 2017 by Jeff Himelson

On April 21, 2017, President Trump signed two presidential memoranda calling for review of portions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”). These presidential memoranda follow the executive order signed on February …

Arnold & Porter Discusses Trump’s Buy American and Hire American Executive Order

By Steven F. Diamond and Michael E. Samuels May 10, 2017 by Jeff Himelson

The United States has long offered its domestic industrial base preferential treatment in the Federal government marketplace through laws and regulations requiring agencies to prefer purchase of American-made products and contracts with American companies, and only resort to other sources …