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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 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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Covid-19 and Bankruptcy: A Case For “Light-Touch” Reorganizations

By Kumar Kartikeya Sharma May 28, 2020 by renholding

Different countries have adopted various strategies to prevent or delay initiation of insolvency proceedings and protect businesses in the wake of the Covid-19 crisis. Global response has broadly been along the lines of providing direct financial aid (by way of …

Executive Override of Central Banks in the United States and the United Kingdom

By Michael Salib and Christina Skinner May 14, 2020 by renholding

What makes a central bank “independent?” As most central bank scholars and policy-makers would likely answer that question, “it depends” – it depends on the bank, the function it is performing, and the political-economy of the times.  Still, as complicated …

The Case for Creditor Cooperation Duties in Corporate Workouts

By Horst Eidenmüller and Kristin van Zwieten May 13, 2020 by renholding

The COVID-19 pandemic is causing financial distress to economically viable firms on an unprecedented scale.  In this post, we introduce the novel idea of creditor cooperation duties to stabilize corporate workouts.

The prospect of widespread defaults by viable firms triggered …

Skadden Discusses How Covid-19 Prompts EU Nations to Protect Against Foreign M&A

By John Adebiyi, Bill Batchelor and Scott C. Hopkins April 28, 2020 by renholding

The coronavirus pandemic has weakened European economies and companies. EU and national governments have expressed concern that foreign investors may opportunistically take advantage of the crisis to acquire domestic companies regarded as strategic.

Acquirers should anticipate the risk that governments …

Paul Weiss Offers M&A at a Glance for March 2020

By Matthew W. Abbott, Scott A. Barshay, Angelo Bonvino, Ariel J. Deckelbaum, Jeffrey D. Marell and Robert B. Schumer April 20, 2020 by renholding

As would be expected given the current environment, M&A activity globally and in the U.S. declined across almost all measures in March. Globally, the number of deals decreased by 3.2%, to 2,527, and total deal value[1] decreased by 17.5%, …

Wachtell Lipton Discusses UK and EU Regulators’ Latest Moves on ESG

By David M. Silk, David A. Katz, Sabastian V. Niles, Carmen X. W. Lu and Ram Sachs April 16, 2020 by renholding

Amid the ongoing push for standardized, comparable and decision-useful ESG disclosures, regulators in the United Kingdom and the European Union have proposed additional disclosures and benchmarks to promote sustainable economic activity. The United Kingdom’s Financial Conduct Authority (FCA) has published …

Paul Weiss Discusses the Scheduled End of LIBOR

By Susanna M. Buergel, Jessica S. Carey, Manuel S. Frey, Brad S. Karp, and Jane O'Brien April 13, 2020 by renholding

Notwithstanding numerous COVID-19-related challenges faced by market participants, UK regulators have affirmed that—at least for now—the anticipated cessation of the London Interbank Offered Rate (“LIBOR”) at the end of calendar year 2021 remains unchanged. Complying with regulators’ and working groups’ …

COVID-19: A Global Moratorium for Corporate Bonds

By Horst Eidenmüller, Luca Enriques and Kristin van Zwieten March 27, 2020 by renholding

The alarming prospect of widespread defaults by viable firms caused by the COVID-19 pandemic has prompted various proposals for financial assistance from states. But firms might face financial distress before these measures become effective. Smaller firms with concentrated debt may …

Cleary Gottlieb Discusses the Coronavirus – Force Majeure or Frustration?

By Jonathan Kelly, Jeffrey A. Rosenthal and Delphine Michot March 2, 2020 by renholding

The recent outbreak of novel coronavirus (also known as COVID-19) has had devastating effects since the first cases were reported in the city of Wuhan in China on 23 January 2020. As of 19 February there have been 75,285 reported …

How Congress Got It Right on Audit Oversight

By James R. Doty February 24, 2020 by renholding

President Donald Trump’s proposed $4.8 trillion budget calls for folding the Public Company Accounting Oversight Board (PCAOB), America’s audit watchdog, into the Securities and Exchange Commission, the nation’s primary financial regulator. The stated goal is to eliminate duplicative regulations and …

Skadden Discusses Merger Reviews and Antitrust Investigations Under Brexit Agreement

By Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Alexander Kamp and Nick Wolfe February 18, 2020 by renholding

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that …

Shifting Contours of Directors’ Fiduciary Duties and Norms in Comparative Corporate Governance

By Jennifer G. Hill February 5, 2020 by renholding

The problems in global financial markets are often similar, even though the capital market structure across jurisdictions differs significantly. The beginning of the 21st century was marked by a spate of international corporate scandals, and the 2007-2009 global financial …

Cleary Gottlieb Discusses Developments in Brexit and Corporate Governance

By David Gottlieb, Chrishan Raja and Dan Tierney February 3, 2020 by hdh2120

In 2020, businesses operating in the UK will need to grapple with the continued uncertainty caused by Brexit and will need to closely monitor a number of important corporate governance and reporting developments expected in the coming year.

Continued Uncertainty

…

Criminal Penalties on Officers Can Deter Corporate Tax Avoidance

By Mark (Shuai) Ma and Wayne B. Thomas December 11, 2019 by renholding

There is a worldwide debate over how to prevent overly aggressive corporate tax avoidance. In 2015, the Australian government doubled civil penalties on large multinational corporations that engage in the practice. Similarly, recent legislation in the United States, like the …

Davis Polk Discusses Strengthening UK Merger Control

By Nicholas Spearing, Leonore De Mullewie, Matthew Yeowart, Arthur J. Burke and Ronan P. Hart December 3, 2019 by renholding

The UK operates a voluntary merger control regime[1].  In addition, the European Commission (EC) operates a ‘one-stop shop’ jurisdiction to review the largest and most complex cases on behalf of all EU Member States, including the …

Welcome to Vilnius: Regulatory Competition in the EU Market for E-Money

By Luca Enriques November 4, 2019 by renholding

If you google “Lithuania e-money,” the auto-fill function will suggest that you search for ”Lithuania e-money license.” If you accept the tip, the first result will be Ecovis, which describes itself as “the most experienced finance institution and FinTech licensing …

Cleary Gottlieb Discusses the UK Competition Law Implications of a No-Deal Brexit

By Nicholas Levy, Paul Gilbert and Alexandra Hackney October 8, 2019 by hdh2120

A no-deal Brexit would have significant and immediate effects on UK competition law enforcement:

  • Parallel investigation of mergers, cartels, and dominance cases by the UK Competition and Markets Authority (“CMA”) and European Commission (“EC”);
  • Possible delay to transactions notified to
…

All Hale the UK Supreme Court: How Its Groundbreaking Ruling Affects Brexit

By Amy Hutchings September 26, 2019 by renholding

In an extraordinary judgment delivered by Lady Hale, 11 justices of the Supreme Court of the United Kingdom ruled unanimously on September 24 that the suspension – or “prorogation” – of Parliament last month was “unlawful, null and of no …

1 Comment  

Davis Polk Discusses UK Serious Fraud Office’s New Cooperation Guidance

By Greg D. Andres, Angela T. Burgess, Neil H. MacBride, Tatiana R. Martins and Paul J. Nathanson August 15, 2019 by renholding

On August 6, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance on the steps companies should take in order to receive cooperation credit in the SFO’s charging decisions.  The document, titled “Corporate Co-operation Guidance” (the “SFO Guidance”),[1]…

Gibson Dunn Discusses UK Enforcer’s Fifth Deferred Prosecution Agreement

By Sacha Harber-Kelly, Patrick Doris and Steve Melrose July 11, 2019 by renholding

On July 4, 2019 the UK Serious Fraud Office (“SFO”) secured approval for its fifth Deferred Prosecution Agreement (“DPA”) before the Crown Court sitting at Southwark. The DPA is with Serco Geografix Limited (“SGL”), …

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Dealbook
AI Safety Concerns Go Global
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PE Investment May Alter Lawyer Pay
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What AI Tells Us About Benefit Corps.
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Disney+ Price Jumps 13 Percent
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Meta’s New AI Agent Is Instant Hit
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Settlement Clears Paramount-Warner
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Crypto Investors Suit Skirts Dismissal
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SEC Plans to Nix Shareholder Proposal Rule, Change Proxy Solicitation
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New York Times
Anthropic Goes Ahead With IPO Plans
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Delaware Business Litigation Report
Chancery Nixes Caremark Action
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Financial Times
How Big Tech Uses Guarantees to Keep AI Exposure Off Balance Sheet
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Sidley Enhanced Scrutiny
When the Meeting Minutes and the AI Transcript Don’t Match
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Corporate & Securities Law Blog
SEC Grants Review of Nasdaq Minimum Listed Securities Value Rule
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Bloomberg
SEC to Interview Guggenheim Staff
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Cleary M&A Watch
SEC Guides on Activist Fund Disclosure
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Freshfields' A Fresh Take
California Enacts a Slew of AI Laws
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Financial Times
Barclays Staff Slams Return-to-Work
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SEC 14a-8 Rescission Proposal Is Here
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Cooley M&A
KKR to Pay $250mln for HSR Violation
September 16, 2026
Dealbook
Tech Hardware Is in Vogue Again
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The Governance Beat
How Shareholder Proposals Fared Over Most Recent Proxy Season
September 16, 2026
Financial Times
Rifts Over Safety at Anthropic, OpenAI
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Delaware Chancery Law Blog
Delaware Court Trims an Earnout Claim
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Dealbook
AI Regulation Has Strange Bedfellows
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D&O Diary
The CVS Case and the Emerging D&O Risks of AI-Driven Performance
September 15, 2026
Sidley Enhanced Scrutiny
Delaware Supreme Court Reverses on Justifiable Reliance in M&A Fraud Case
September 15, 2026
Delaware Business Litigation Report
Chancery Grants Spoliation Damages
September 15, 2026
The Guardian
Private Equity Facing Existential Crisis?
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Wall Street Journal
Malls Are Real Estate’s Top Performer
September 14, 2026
Delaware Business Litigation Report
Chancery Rules in Mutual Deceit Case
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The Governance Beat
12 Ways AI Affects Firm Disclosure
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Financial Times
Warsh and Trump on Collision Course
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D&O Diary
Eighth Circuit Nixes D&O Coverage of Execs’ Personal Loan Guarantees
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Bloomberg
Anthropic’s AI Warning Is Too Weak
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Dealbook
A Start-Up Pay Strategy Proves Costly
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The Governance Beat
Glass Lewis Outlines New Framework
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Financial Times
Musk, Altman Also Back AI Slowdown
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D&O Diary
Turns Out FCA Qui Tam Constitutional
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Wall Street Journal
Crypto Scam Victims Are Fighting the U.S. to Get Their Money Back
September 10, 2026
Delaware Business Litigation Report
Delaware Supreme Court Affirms Arbitration Order in Earnout Dispute
September 10, 2026
Financial Times
Tariff Criticism Dooms IMF Candidate
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Sidley Enhanced Scrutiny
Chancery Confirms No Best-Price Duty for Public-Benefit Corp. Board
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D&O Diary
Shareholders Suit Against Apple Follows AI-Linked Copyright Claim
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Bloomberg
DOJ Says Berkeley Law Discriminates
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Is Bank Failure Uptick a Big Deal?
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Designated Directors Walk a Tightrope
September 9, 2026
Corporate & Securities Law Blog
SEC Remakes Transfer Agent Rules
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Business Law Prof Blog
How IPOs Stack Up So Far in 2026
September 9, 2026
Wall Street Journal
Trump Says He Will Block Canadian Firms From Government Contracts
September 8, 2026
Freshfields' A Fresh Take
9th Circuit in Prediction Markets Split
September 8, 2026
Financial Times
LIV Golf Files for Bankruptcy
September 8, 2026
Cleary Securities Watch
SEC Updates CFI Guidance
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Business Law Prof Blog
Reincorporations Can Be Costly
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Financial Times
University Endowments Beat S&P 500
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Sidley Enhanced Scrutiny
DGCL §144 Safe Harbor Rules Emerge
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Delaware Corporate & Commercial Litigation Blog
Allegedly Excessive Fees No Defense to Nonpayment of Advance
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Bloomberg
Delaware Practical Pluses Run Deep
September 7, 2026
Business Law Prof Blog
The Latest on Reincorporations
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Wall Street Journal
Boeing’s $8.4bn Deal Bleeds Red Ink
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Bloomberg
Nvidia to Buy Hugging Face for $13bn
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Dealbook
Did Meta’s Settlement Actually Help It?
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Black Sues Congress on Epstein Probe
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Securities Regulation and Corporate Governance Monitor
SEC Proposes E-Delivery Disclosure
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Bloomberg
Bigger SALT Break’s Impact Surprises
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Dealbook
Music Industry Grapples With AI
September 2, 2026
Freshfields' A Fresh Take
Enforcers Target Prediction Markets
September 2, 2026
Securities Litigation & Enforcement
SEC Eyes Pre-IPO Share Sales
September 2, 2026
Financial Times
Chevron to Double Venezuela Oil Production With $7bn Pledge
September 2, 2026
Wall Street Journal
Megabanks Join to Issue a Stablecoin
September 1, 2026
Financial Times
Banks Seek Cut of Lawyer AI Savings
September 1, 2026
Cleary Securities Watch
SEC Updates Corp. Finance Guidance
September 1, 2026
D&O Diary
Investors Suing AI Infrastructure Firms
September 1, 2026
Deal Lawyers.com
Delaware Chancery Limits Disclosures Under Advance Notice Bylaws
September 1, 2026
New York Times
Saudis, U.S. Firm in Data Center Deal
August 31, 2026
Financial Times
LIV Golf Girds for Bankruptcy Filing
August 31, 2026
D&O Diary
Pentwater Capital Sued on Short Squeeze
August 31, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules on SB 21 Heightened Disinterest Presumption
August 31, 2026
Securities Regulation and Corporate Governance Monitor
SEC Touts Crypto Exempt Offer Rules
August 31, 2026
Wall Street Journal
Aeo Nears Insurance Broker USI Deal
August 30, 2026
New York Times
SEC Allows Less Company Disclosure
August 30, 2026
The Governance Beat
SEC Nears Executive Comp Proposal
August 30, 2026
D&O Diary
AI-Related Securities Suit Hits Intuit
August 30, 2026
Deal Lawyers.com
Delaware Chancery Rules Takeover Law Doesn’t Require Informed Vote
August 30, 2026
Wall Street Journal
Sheikh Backs New Trump Crypto Bank
August 27, 2026
New York Times
Meta, Anthropic Are AI Friends, Foes
August 27, 2026
Freshfields' A Fresh Take
AGs, FTC Settle Zillow-Redfin Suit
August 27, 2026
The Governance Beat
NYSE Proposes Extending Internal Audit Transition Period
August 27, 2026
Financial Times
Bank Regulators to Narrow Enforcement Focus to Financial Risks
August 27, 2026
D&O Diary
Risk of Securities Litigation Rising
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