Greenwashing is usually treated as a problem of corporate deception. Firms make environmental claims that exaggerate, selectively disclose, or obscure their actual sustainability performance. Greenwashing leaves investors, consumers, employees, and regulators with an overly favorable impression, thereby stifling true progress.
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Cahill Discusses SEC’s “Innovation Exemption” for Tokenized Stock Trading
On September 17, 2026, the Securities and Exchange Commission (the “Commission” or the “SEC”) issued two conditional exemptions to facilitate permissioned trading of tokenized national market system (“NMS”) stocks.[1] Collectively known as the “Innovation Exemption,” the relief exempts qualifying
Shadow SEC Statement No. 15: Regulation Crypto
On September 15, the Clarity Act failed to secure a cloture vote in the U.S. Senate, with four Republicans and all 47 Democrats voting against considering the bill at this time. The Act may come back to life again next
SEC Issues Statement on Fair Value Measurement and Disclosure Considerations for Private Assets
Investment in private assets continues to grow, including for an increasing number of registrants that are required to subsequently measure these investments at fair value, such as registered closed-end funds, interval funds, tender offer funds, business development companies and private
Can Frontier AI Labs Lawfully Agree to Slow Down to Save Humanity?
On September 12, 2026, Anthropic CEO Dario Amodei called for coordinated limits on the pace of frontier-AI development, with government support to address antitrust constraints. Sam Altman (OpenAI), Demis Hassabis (Google DeepMind), and Elon Musk (SpaceXAI) publicly supported the proposal’s
Skadden Discusses Bank Agencies’ Proposed Changes to Third-Party Risk Management Guidance
On September 11, 2026, the Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Federal Reserve Board), Federal Deposit Insurance Corporation (FDIC) and National Credit Union Administration (collectively, the “agencies”) jointly issued proposed interagency
Public Purpose and Founder Control at Anthropic
Anthropic, a public benefit corporation (PBC), continues to offer food for thought on corporate governance and its mission to develop AI responsibly and for the long-term benefit of humanity. The frontier AI laboratory is preparing to enter public markets with
SEC Chair Atkins Speaks on Retailization of Private Markets
Good morning, ladies and gentlemen. And thank you for joining us today for this public meeting of the Securities and Exchange Commission under the Government in the Sunshine Act.
We have three items on today’s agenda. First, the Commission will
The Federal Corporate Law of Bankruptcy
In a recent article, we argue that chapter 11 fundamentally changes the corporate-governance regime applicable to a business, but that courts and practitioners have largely failed to recognize the significance of that change. Although corporate law ordinarily is a
Covington Discusses SEC’s “Innovation Exemption” for Tokenized Stock
On September 17, 2026, the U.S. Securities and Exchange Commission (“SEC”) issued an order (sometimes referred to as the “Innovation Exemption”) to address some questions on how to trade public company stock using distributed ledger technology – in other words,