Earlier this year, Judge Reed O’Connor made headlines when he rejected a plea agreement between the Department of Justice (“DOJ”) and Boeing. O’Connor rejected the agreement because it required the DOJ to consider its DEI policies in selecting a corporate
The CLS Blue Sky Blog
Latest from The CLS Blue Sky Blog
Wachtell Lipton Discusses the New Administration and Antitrust Merger Remedies
The Federal Trade Commission and the DOJ’s Antitrust Division recently announced two settlement agreements, signaling that this Administration is willing to resolve merger competition concerns — in appropriate cases — through negotiated divestiture remedies. These actions herald a return to…
Supreme Court’s Recent Interpretation of Wire Fraud Confirms Confidential Government Information Is Property
For nearly 40 years, regardless of whether confidential information belonged to a governmental entity or a private-sector business, its misappropriation could be prosecuted as a property crime. Lower federal courts relied on Carpenter v. United States,[1] a well-known Supreme…
SEC Commissioner Peirce Speaks on Emerging Trends in Asset Management
Thank you, Natasha [Vij Greiner]. Good morning and welcome to the Third Annual Conference on Emerging Trends in Asset Management. Before I begin, I must remind you that my views are my own as a Commissioner and not necessarily those…
Davis Polk Discusses the Return of Antitrust Remedies in Merger Settlements
The FTC and DOJ recently announced the first settlements of merger enforcement actions reached under the second Trump administration. These actions follow comments from leadership at the antitrust agencies expressing an openness to structural merger remedies, an important contrast to…
Can a Shareholder Focus Create Value for All Stakeholders?
In the debate over whether corporations should give priority to shareholder interests or stakeholder interests, among the thorniest issues is whether one approach creates more value for a company than the other. The challenge lies in the difficulty of assessing…
The GENIUS Act: Countering Criticisms and Charting a Path for Stablecoins
By David Krause
Stablecoins have emerged as a central pillar of the digital asset ecosystem, offering a bridge between traditional fiat currencies and decentralized finance. The GENIUS Act, a stablecoin regulation proposal, is advancing with bipartisan support through the U.S. Senate.[1] Given…
Wachtell Lipton Discusses Cryptoasset Developments: Continued Progress Toward U.S. Regulatory Clarity
As regulators and policymakers across the federal government press forward with creating long-sought rules of the road for the cryptoasset industry, several recent developments bear particular significance for the promise of the decentralized internet, or Web3. Among these is the…
Understanding the Power of Corporate Fiduciary Duty
By Geeta Kohli
Diversity, equity, and inclusion efforts remain one of the most prominent topics of discussion within corporate leadership. Unfortunately, the views and actions connected to these efforts continues to waver. After the murder of George Floyd and the rise of the…
SEC Chair Speaks on Concept Release About Foreign Private Issuer Eligibility
Good afternoon. This is an open meeting on June 4, 2025 of the U.S. Securities and Exchange Commission under the Government in the Sunshine Act. Commissioners Caroline Crenshaw and Mark Uyeda are here with me in Washington, D.C., and Commissioner…