For decades, Delaware and federal law governing contests for corporate control have focused on building walls to keep corporate raiders outside the gates, while doing relatively little to stop activist hedge funds. The prevailing academic view has been similar: Scholars
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Columbia Law School Blogs
Latest from Columbia Law School
SEC Commissioners Discuss Report on “Meme Stock” Episode
Today [October18], the staff issued a report on the so called “meme stock” episode that occurred this past January. We would like to thank the staff not only for their hard work on this report, but also for keeping the
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Skadden Discusses Government Expectations for Companies’ Data-Driven Compliance Programs
As artificial intelligence and other data tools have proliferated, regulators and prosecutors expect companies to utilize sophisticated data analytics as part of their compliance programs. They also expect directors to take an active role, understanding and overseeing these data-driven compliance
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Is Silence Golden? Management Guidance Withdrawals During the Pandemic
The novel coronavirus (COVID-19) pandemic has drastically affected the global economy and offers a unique setting to investigate firm and market behavior through periods of heightened economic uncertainty. During the pandemic, many U.S. public firms withdrew their quarterly and annual
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Stablecoins, National Currencies, CBDCs, and Banks
The Federal Reserve is set to release a much anticipated discussion paper on the prospect of a digital U.S. dollar. According to the Bank for International Settlements (BIS), over 86 percent of central banks are investigating the possibility of a
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SEC Chair Gensler Speaks on Clawbacks of Erroneously Awarded Compensation
I support today’s [October 14] action to re-open comment on the Dodd-Frank Act rule regarding clawbacks of erroneously awarded incentive-based compensation. I believe we have an opportunity to strengthen the transparency and quality of corporate financial statements as well as
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Economic Downturns and the Informativeness of Management Earnings Forecasts
Economic downturns brought about by events such as the financial crisis and COVID-19 pandemic create substantial uncertainty for companies. While some firms endure the downturns unscathed or even thrive, others see their businesses decline drastically and their bankruptcy risk increase.
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Capitalism, Heal Thyself
A paradigm shift is underway: The corporation – much reviled as a cost-externalizing, short-termist, inward-focused, politically manipulative machine – is undergoing a fundamental change. This is good news. Corporations are beginning to confront the harm they created, allowing capitalism to
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SEC Chair Gensler Speaks About Digital Analytics in Finance
Thank you. I’m happy to appear at SEC Speaks for the first time as Chair of the Securities and Exchange Commission.
This event provides great continuing legal education to lawyers, accountants, and other market professionals. It also gives a platform
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Private Equity in the Hospital Industry
Private equity (PE) firms have in recent years been spending more money on purchasing more hospitals than ever before, with such deals accounting for a sizeable chunk of the roughly $340 billion that PE firms have put into the U.S.
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