Since the 2008 financial crisis, bank regulation has grown at a remarkable pace. Yet much of it has treated only the symptoms of issues like excessive risk. In a recent paper, I address a mismatch in systemically important banks
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Orrick Discusses How SEC Is Handing More Control Back to Issuers
By Martinyerovi
For decades, the annual meeting ran through the same cast of middlemen. Under Rule 14a-8,[1] companies generally had to put shareholder proposals in their proxy statements for a vote, unless a proposal fit into one of the Rule’s…
Ropes & Gray Discusses Manhattan District Attorney’s Corporate Crime and Antitrust Task Force
By Martinyerovi
Key Takeaways:
- On October 14, 2026, Manhattan District Attorney Alvin L. Bragg, Jr. announced the formation of the Manhattan District Attorney’s Office’s first Corporate Crime and Antitrust Task Force, which will focus on complex investigations targeting fraud and misconduct by
…
Delaware and Texas Are Moving Toward India on Shareholder Rights
By Renholding
Ask whether a shareholder may submit a proposal to a U.S. corporation, examine the corporation’s records, or file a derivative suit, and the accurate answer is now another question: How much stock does the shareholder own? In a new article…
Wachtell Lipton Discusses Delaware Chancery Decision Reinforcing Section 144’s Protections
By Renholding
In an important decision interpreting the new Section 144 of the Delaware General Corporation Law—added by the adoption of SB 21 in 2025—the Court of Chancery last week preliminarily enjoined a proposed recapitalization of Cloudflare, Inc. designed to preserve founder…
Why Stakeholder Theory is Fatally Flawed
By Renholding
In a new paper considering the two leading theories of corporate governance, shareholder theory and stakeholder theory, I argue that stakeholder theory is fatally flawed. Stakeholder theory holds that, in making business decisions, directors should consider the interests of all…
Sullivan & Cromwell Discusses DOJ Directive on Corporate Fraud Enforcement Priorities
By Renholding
On October 1, 2026, Colin M. McDonald, Assistant Attorney General of the National Fraud Enforcement Division (the “Fraud Division”) of the U.S. Department of Justice, issued Directive 26-12, titled “Corporate Enforcement in the Fight Against Fraud,” addressed to all Fraud…
Evolving Japanese Climate Litigation: From Personal Rights to Tort-Based Litigation
Recently in Japan, two new cases brought by plaintiffs whose profiles reflect the cross-regional and cross-generational nature of climate change issues have joined the caseload. One is the Youth Climate Case for Tomorrow, brought by younger generations and filed…
The EU Sustainable Finance Trilemma
By Renholding
The European Union’s Omnibus I Directive is the first stage of the European Commission’s sustainable finance simplification agenda. In a forthcoming article, I argue that it reveals a structural feature of that framework: Sustainability, simplification, and harmonization cannot be…
Blake, Cassels & Graydon Discusses Boeing and Securities Class Certification in U.S., Canada
By Renholding
On July 20, 2026, a United States appeals court unanimously overturned certification of a securities class action against The Boeing Company (Boeing), holding that plaintiffs must establish a workable, class-wide methodology for calculating damages at the certification stage. Boeing underscores…