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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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United Kingdom

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 …

Skadden Discusses New EU and UK Regimes for Regulating Cryptoassets

By Simon Toms, Azad Ali, Eve-Christie Vermynck and David Y. Wang June 30, 2023 by renholding

The European Union and U.K. are establishing comprehensive regimes for the regulation of cryptoassets. The Markets in Crypto-Assets Regulation (MiCA) was published in the Official Journal of the European Union on June 9, 2023, and will come into force on …

Debevoise & Plimpton Discusses Expanded Horizons for Class Action Litigation in the UK

By Peter H. Goldsmith, Timothy McIver, Conway Blake and Amelia Blefari August 30, 2021 by renholding

Mass claimant litigation is on the rise in the English courts, with multinational companies in particular facing ever-growing exposure. While large class action suits are relatively common in jurisdictions such as the United States and Australia, until recently these actions …

Debevoise & Plimpton Discusses UK Global Anti-Corruption Sanctions Regime

By Satish M. Kini, Karolos Seeger, Jane Shvets, Konstantin Bureiko and Martha Hirst May 4, 2021 by renholding

On April 26, 2021, the United Kingdom implemented a new sanctions regime that allows the UK government to impose asset freezes on public officials and other persons involved in serious corruption. The regime replaces, and expands, the Misappropriation of State …

Cleary Gottlieb Discusses UK Supreme Court Decision on Law Governing Arbitration Agreement

By Andrés de la Cruz, Juan G. Giráldez, Carmine D. Boccuzzi, Jr., Jared Gerber and Manuel Silva November 24, 2020 by snehapandya

In an important decision for arbitration users, the U.K. Supreme Court has clarified how English law will determine the governing law of an arbitration agreement which provides for an English seat in the absence of an express choice of law.  …

The Cost of Uncertainty About Material Adverse Changes

By Narine Lalafaryan September 8, 2020 by renholding

Material adverse change/effect (“MAC”) clauses have evolved into important risk-allocation mechanisms that are commonly included in high-profile mergers and acquisitions (“M&A”) and financing deals. They typically allow lenders or buyers to either terminate an agreement without cost or penalty or …

Debevoise & Plimpton Discusses UK and EU Anti-Money Laundering Enforcement

By Karolos Seeger, Aisling Cowell and Andrew Lee September 3, 2020 by renholding

In the last few months, the UK and EU have separately outlined major plans that will soon bring a renewed focus to their fight against money laundering. Businesses will need to prioritise ensuring that their anti-money laundering (“AML”) controls are …

The Global Diffusion of Stewardship Codes Post-COVID-19

By Dionysia Katelouzou June 29, 2020 by renholding

The rapid global spread of COVID-19 in the first half of 2020 has had serious repercussions for governments, corporations, and institutional investors. Government responses have largely been fragmented, with each nation prioritizing its own interests and following the science of …

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 …

Cleary Gottlieb Discusses Upcoming LIBOR Transition

By Jim Ho, Ferdisha Snagg and Jonathan Griggs February 24, 2020 by Avesh Krishna

On 16 January 2020, the Bank of England (the “BoE”), the UK Financial Conduct Authority (the “FCA”) and the Working Group on Sterling Risk-Free Reference Rates (“RFRWG”) published a set of documents outlining priorities and milestones for 2020 on LIBOR …

The Quality of Integrated Reporting Around the World

By Robert G. Eccles, Michael P. Krzus and Carlos Solano April 23, 2019 by renholding

Integrated reporting is a business process that culminates in the publication of a report that explains how an organization creates value over the short-, medium-, and long-term. In terms of content and time horizon, an integrated report is similar to …

1 Comment  

Debevoise & Plimpton Discusses Responsible Investment as an Opportunity for European Funds

By Geoffrey Kittredge, John W. Rife III, Patricia Volhard, Simon Witney and Delphine Jaugey February 26, 2019 by pss2150

European private equity fund managers are well aware that demonstrating a commitment to responsible investment is becoming an essential component of a smooth and successful fundraising. Regulation is only one of the drivers for that change, but it is an …

Covington & Burling on the UK’s “No-Deal” Competition and Merger Guidance

By Elaine Whiteford, Kevin Coates, Siobhan L.M. Kahmann and Jonathan Benjamin September 28, 2018 by pss2150

The UK Government published its highly-anticipated technical guidance on merger review and anti-competitive activity on 13 September 2018 which will apply in the case of a ‘no-deal’ Brexit (the ‘Guidance’). Although brief, it provides market players with some form of …

Addleshaw Goddard Discusses a “Hard” Brexit’s Implications and Practical Solutions

By Richard Small September 24, 2018 by renholding

At 11 pm on March 29, 2019, the United Kingdom will leave the European Union.  In the absence of a material change of trajectory in the Brexit negotiations, it is likely that the investment management industry will find itself grappling …

How to Achieve Equivalence of Financial Regulation in the EU and UK Post-Brexit

By Georges Ugeux September 20, 2018 by renholding

As the March 29, 2019 deadline approaches, the United Kingdom prepares its withdrawal from the European Union amidst political turbulence that would suit a television drama.[1] Center stage is what to do about the financial services industry. For the …

1 Comment  

Gibson Dunn Offers Update on Corporate Non-Prosecution and Deferred Prosecution Agreements

By F. Joseph Warin, M. Kendall Day, Courtney Brown, Melissa Farrar and Chelsea Ferguson July 27, 2018 by renholding

This publication marks our tenth year tracking corporate non-prosecution agreements (“NPAs”) and deferred prosecution agreements (“DPAs”).[1]  What a decade it has been.  In our time analyzing and reporting on these resolutions, we have seen the pendulum swing from 22 …

Debevoise & Plimpton Discusses EU’s Approach to Financial Services “Equivalence” Decisions

By Benjamin Lyon and James Scoville March 20, 2017 by renholding

On February 27, 2017, the European Commission published a Staff Working Document[1] containing an assessment of EU equivalence decisions in financial services policy.[2] Equivalence decisions are a core element of the Commission’s international strategy for financial services and …

Latham & Watkins discusses World-First Regulatory Sandbox Opening for Play in the UK

By Andrew Moyle and Fiona Maclean June 3, 2016 by jbarrowscls

Innovative businesses in the financial services industry looking to test exciting new financial products and services able to apply to the UK’s regulatory sandbox.

The “regulatory sandbox” is the next step for the Financial Conduct Authority (FCA) as part of …

WilmerHale discusses Central Register of Beneficial Ownership to be Introduced in the UK

By Stephen Pollard, Katrina Carroll and Christopher David May 5, 2015 by AJ

On 26 March 2015, the United Kingdom Parliament passed into law the Small Business, Enterprise and Employment Act 2015 (the “Act”).

The Act will bring about a number of fundamental changes to UK company law including, amongst others, …

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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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Reuters
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Bloomberg
Musk Commits to Tesla CEO Role
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Google Challenges AI Search Firms
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Tax Plan Would Raise SALT Deduction
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U.S.-China Trade Deal a Bit Hazy
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SEC, Ripple Ink $50 Mln Settlement
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Securities Suit Based on a Murder
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Citi Faces $1 Bln Suit on Mexico Fraud
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Firm Loses Lawyers Over Trump Deal
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D&O Diary
Can Event-Driven Securities Class Actions Include Murder of the CEO?
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Sidley Enhanced Scrutiny
Texas Courts Mull Informal Fiduciaries
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EV Sales Streak Grinds to a Halt
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Apple Eyes Move to AI Browser Search
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OpenAI’s Plan B Poses Risks
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Delaware Chancery Rejects Claim that 46% Stockholder Is a Controller
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Reuters
China, U.S. to Talk Trade Saturday
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Wall Street Journal
U.S. Orders Intelligence Agencies to Step Up Spying on Greenland
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Freshfields' A Fresh Take
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Covid Securities Suits Keep Coming
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Reuters
PwC to Slash 1,500 U.S. Jobs
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OpenAI Nixes For-Profit Conversion
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Texas Exchange Is Delaware Corp.
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Buffett Changed Investor Thinking
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DEI Shift Portends New Litigation
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A Nevada to Delaware Reincorporation
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No Jail for Unpaid SEC Settlement
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Reuters
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EU to Offer Trade Proposals Next Week
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Delaware Supreme Court Clarifies Indemnification-Claim Procedures
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Reuters
Amazon in White House Crosshairs over Report of Displaying Tariff Costs
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Wall Street Journal
Trump Softens Blow of Auto Tariffs
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Dodgy Tether Now Crypto Darling
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Controller’s Breach of Fiduciary Duty Leads to a Novel Remedy
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Elite Universities Join to Fight Trump
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Tariffs Squeeze Weak UK Car Biz
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New Chair Atkins Says SEC Has Enough Authority to Regulate Crypto
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Reuters
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Texas, Nevada Lure Delaware Firms
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Reuters
Trump Spares Fed, IMF, World Relieved
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Wall Street Journal
China’s Huawei Creates New AI Chip
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US Calls Apple, Meta Fines “Extortion”
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Top M&A Lawyer Arthur Fleischer Dies
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Mayor Adams Prosecutors Resign
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Boeing in $10 Bln Digital Business Sale
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Reuters
Tesla Settles Wrongful Death Suit
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