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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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Venture Capital

Mandatory Corporate Law as an Obstacle to Venture Capital Contracting in Europe

By Luca Enriques, Casimiro A. Nigro and Tobias H. Tröger April 1, 2025 by renholding

Venture capital (VC) is a key driver of economic growth. A substantial body of legal and financial scholarship has examined the institutional factors that shape VC activity. In the first of two papers, we build on the idea that the …

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The Challenges Facing Venture Capital in Digital Asset Markets

By Yesha Yadav and Khalil Bryant February 5, 2025 by renholding

In a forthcoming book chapter, we analyze the regulatory challenges facing venture capital (VC) firms as they navigate engagement with decentralized cryptocurrency markets, particularly through decentralized autonomous organizations (DAOs).[1] These challenges have grown urgent, as the crypto industry emerges …

Compulsion No, Opportunity Yes in the Delaware Law of Externalities

By Jeffrey N. Gordon December 23, 2024 by renholding

One distinctive feature of the U.S. economy over recent decades has been the rise of the entrepreneur-dominated public company.  This development has  derived largely from the growth of private funding available through venture capital, so that initial public offerings have …

How Common Venture Capital Investors Are Reshaping the Startup Landscape

By Jillian Grennan and Michelle Lowry August 26, 2024 by renholding

The venture capital (VC) industry has undergone a profound transformation over the past two decades with the emergence of common VC investors — that is, VC firms that hold ownership stakes in multiple startups within the same industry or product …

How Debt Investors Are Influencing Corporate Governance

By Narine Lalafaryan May 30, 2024 by renholding

Since the global financial crisis of 2007-2008, the corporate finance markets have been dramatically transformed. Most notable has been the rise of non-traditional providers of debt finance such as private credit funds, which now aggressively compete with traditional finance providers …

Do Board Observers Improve Corporate Governance?

By Nizan Geslevich Packin and Anat Alon-Beck May 15, 2024 by renholding

In the complex world of corporate governance, a novel mechanism has reemerged: board observers. Operating without the conventional voting rights of board members, these individuals have become pivotal in bridging the gap between ambitious startups and their venture capital (VC) …

How Big Tech Coopts Disruption – and What to Do About It

By Mark A. Lemley and Matthew Wansley March 4, 2024 by renholding

Our economy is dominated by five aging tech giants – Alphabet, Amazon, Apple, Meta, and Microsoft. Each of these firms was founded more than 20 years ago: Apple and Microsoft in the 1970s, Google and Amazon in the 1990s, and …

Founding While Female: Are There Gender Disparities in Startup Governance?

By Jens Frankenreiter, Talia Gillis and Eric Talley February 20, 2024 by renholding

Venture capital is widely perceived to have a gender problem. Founders seeking capital and investors themselves are overwhelmingly male, fomenting concerns about how – and how fairly – the VC sector distributes its economic gains. Indeed, the entire industry has …

Fintech and the False Promise of Techno-Solutionism

By Hilary J. Allen January 25, 2024 by renholding

For about a decade, financial regulators have been grappling with the rise of fintech and the ways it disrupts financial regulation.  But something is often lacking in these policy conversations. In a new draft article, I argue that financial …

Dual-Class IPOs Offer Solution to Unicorn Governance Failure

By Ofer Eldar December 18, 2023 by renholding

Dual-class stock structures have proliferated in recent years. In 2017-2019, almost 30 percent of IPOs in the U.S. had a dual-class structure, and most of them were founder-controlled technology firms (Aggarwal, Eldar, Hochberg and Litov, 2020). Their increasing popularity has …

How Board Diversity Compares in Private and Public Firms

By Johan Cassel, James Weston and Emmanuel Yimfor December 14, 2023 by renholding

In today’s rapidly evolving corporate landscape, the composition of boards is not just a matter of compliance or social responsibility; it’s a strategic imperative that shapes the future of firms. Amidst growing public scrutiny and socio-economic shifts, particularly following the …

Designing Corporate Law for Startups

By Alvaro Pereira August 24, 2023 by renholding

The world of startups often appears to embody the exceptionalism of modern finance, with funds swiftly flowing to the best teams and ideas wherever they may emerge. The reality, however, is much more complicated. Financing startups remains a daunting challenge …

How Brand Ambassadors Illustrate the Power of Private Ordering in Investment Crowdfunding

By Andrew A. Schwartz July 14, 2023 by renholding

In a new book, I discuss “investment crowdfunding” (also known as “equity crowdfunding” or “securities crowdfunding”), an inclusive new type of online venture capital market – it’s like Kickstarter, except you get a share of stock. More formally, …

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The Great Startup Sellout and the Rise of Oligopoly

By Florian Ederer and Bruno Pellegrino February 24, 2023 by renholding

Startup acquisitions by incumbent firms have been on the rise for the last few years. These acquisitions often allow larger companies to acquire new technologies or talent, while startups gain access to resources and a wider customer base. One notable …

Risk-Seeking Corporate Governance

By Brian Broughman and Matthew Wansley February 13, 2023 by renholding

Several developments suggest that venture capitalists (VCs) are retreating from their traditional corporate governance role of monitoring their portfolio companies. Startup founders are retaining more equity and control over their companies, and contrary to past practice, some VCs say they …

Does Student Loan Forgiveness Have Significant Benefits for the Economy?

By Thomas Chemmanur, Karthik Krishnan, Harshit Rajaiya and Pinshuo Wang November 23, 2022 by renholding

Student loans are becoming a major challenge for the United States. An estimated 43 million borrowers owe about $1.6 trillion dollars, meaning a significant fraction of U.S. households is burdened with debt that is not dischargeable in bankruptcy. The problem …

The Blurring Lines between Private and Public Ownership

By Michelle Lowry September 27, 2022 by renholding

Public versus  private status is a common point of differentiation among companies and can determine, for example, how they are regulated and who can invest in them. Yet many private companies increasingly resemble their public counterparts. This blurring of the …

Do Venture Capital Funds Overstate Their Performance? The Effects of FOIA

By Erin E. Smith May 9, 2022 by renholding

Venture capital (VC) has become an increasingly important asset class for institutional investors such as endowments, pension funds, insurance companies, and sovereign wealth funds, as well as for wealthy individuals. A large amount of money is involved: U.S. VC-backed companies …

Venture-Capitalist Directors and Managerial Incentives

By Lubomir P. Litov, Xia (Summer) Liu, William L. Megginson and Romora E. Sitorus January 31, 2022 by renholding

Research has shown that venture capital (VC) firms substantially influence the overall economy. According to Gornall and Strebulaev (2021), among all U.S. public companies founded since 1968, VC-backed companies account for 77 percent of total market capitalization, 41 percent of …

Do Activists Increase Long-Term Shareholder Value? New Evidence that Includes Non-Hedge Fund Activists

By Edward Swanson, Glen Young and Christopher G. Yust December 23, 2021 by renholding

Shareholder activists are often accused of having short investment horizons and thus pushing companies to increase their stock prices at the expense of long-term shareholder value (“short-termism”). These accusations have prompted extensive research on interventions by hedge funds. In a …

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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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Wall Street Journal
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Bloomberg
Toyota Bears Brunt of Trump Tariffs
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New York Times
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Reuters
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Reuters
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Reuters
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Wall Street Journal
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Delaware Corporate & Commercial Litigation Blog
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DEI Shift Portends New Litigation
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Business Roundtable
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A Nevada to Delaware Reincorporation
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No Jail for Unpaid SEC Settlement
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Bloomberg
EU to Offer Trade Proposals Next Week
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D&O Diary
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Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Rejects Appraisal Procedure to Seek Books and Records
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Deal Lawyers.com
Delaware Supreme Court Clarifies Indemnification-Claim Procedures
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Reuters
Amazon in White House Crosshairs over Report of Displaying Tariff Costs
April 29, 2025
Wall Street Journal
Trump Softens Blow of Auto Tariffs
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New York Times
Dodgy Tether Now Crypto Darling
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D&O Diary
Covid Effects Drive Securities Suit
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Sidley Enhanced Scrutiny
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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Dealbook
Tariffs Squeeze Weak UK Car Biz
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D&O Diary
Can Worker AI Use Put Execs at Risk?
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Bloomberg
New Chair Atkins Says SEC Has Enough Authority to Regulate Crypto
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Reuters
SEC Lost 16% of Staff in Last Year
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Business Law Prof Blog
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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D&O Diary
Tariff Evasion May Prompt FCA Claims
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SEC Actions
What’s SEC Jurisdiction in Crypto?
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Paramount Mulls Merger Concessions
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Median CEO Pay Hits Record $16.8 Mln
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Dealbook
Has Tariff Fight Passed Its Peak?
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Bloomberg
SEC Eyes Wall Street’s WhatsApp Use
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Reuters
US Calls Apple, Meta Fines “Extortion”
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Wall Street Journal
Trump Fetes Top Meme-Coin Investors
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Dealbook
Top M&A Lawyer Arthur Fleischer Dies
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CoinDesk
Unicoin Rejects SEC Settlement Offer
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Bloomberg
Mayor Adams Prosecutors Resign
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FTC Sues Uber Over Billing Practices
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Dealbook
Boeing in $10 Bln Digital Business Sale
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What to Expect from an Atkins SEC
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Sidley Enhanced Scrutiny
U.S. Court Finds Sixth Amendment Right to Advancement of Legal Fees
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Reuters
Tesla Settles Wrongful Death Suit
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Bloomberg
Millionaire Tax Would Yield $400 Bln
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Wall Street Journal
DOJ Urges Sale of Google Browser
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Dealbook
On Pope Francis’ Business Diplomacy
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Reuters
Google to Appeal Monopoly Ruling
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D&O Diary
California Bars Insurance Coverage for Settlement and Defense Costs
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Bloomberg
White House Seeks to Bring Financial Regulators Under Its Control
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Sidley Enhanced Scrutiny
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Business Law Prof Blog
Advance Notice Bylaw Case Not Ripe
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Bloomberg
Can Trump Fire Fed Chair Powell?
April 17, 2025
Reuters
Trump: US-Ukraine Near Mineral Deal
April 17, 2025
Wall Street Journal
Judge: Google Runs Ad Monopoly
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New York Times
EU Central Bank Cuts Interest Rates
April 17, 2025
Securities Regulation and Corporate Governance Monitor
New Guidance on Clawback Disclosures
April 17, 2025
Reuters
Pre-Tariff Buying Fuels U.S. Sales
April 16, 2025
Wall Street Journal
Google Fears UK Antitrust Suit on Ads
April 16, 2025
New York Times
Extreme Tariffs Now Looking Normal
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Bloomberg
SEC Resists DOGE Data Request
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Bloomberg
Millionaire Tax Hike Gains Steam
April 15, 2025
D&O Diary
Trump Takes Aim at State ESG Plans
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New York Post
Heat Is on New SEC Chair Atkins to Crack Down on Chinese Companies
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DOJ Retreats from White Collar Cases
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U.S. GAO to Probe Changes at SEC
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Zuckerberg Testifies in Antitrust Trial
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Tariffs Fuel Banks’ Trading Revenue
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Feds Issue Latest Threat Assessment
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Can White-Collar Crooks Rest Easy?
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Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Clarifies Argument for “Demand Futility”
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Cooley M&A
UK Merger Control Shifting Fast
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Dealbook
PGA-LVA Golf Merger Looks Dead
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Freshfields' A Fresh Take
Another State Passes “Baby HSR Act”
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April 13, 2025
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Post-SB 21 Delaware Exits Up to Eight
April 13, 2025

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