Widely overlooked in the U.S. Supreme Court’s landmark campaign finance decision this term is a surprising and robust affirmation of disclosure for combating corruption. With this principle reinforced, we expect many states to strengthen and expand their campaign finance disclosure
Latest from The CLS Blue Sky Blog - Page 4
Debevoise Discusses Empowering Consumers for the Green Transition Directive
The European Union’s Empowering Consumers for the Green Transition Directive (the “ECGTD”) makes important changes to the rules on how companies make environmental and other sustainability claims in relation to products or services sold to individual consumers, and changes to
The Values Primacy Paradigm in Corporate Governance
In January 2025, Target Corporation quietly dismantled the DEI infrastructure it had built in the wake of George Floyd’s murder. There was no press release and no acknowledgment of retreat. Within weeks, other public companies followed. Yet Costco made the
Morrison & Foerster Discusses DOJ Revival of Expedited Second Request Review
On July 23, 2026, the U.S. Department of Justice Antitrust Division (DOJ) announced that it would revive targeted Second Request investigations and published a revised model timing agreement.[1] Merging parties that agree to DOJ’s timing agreement during a Second
Prediction Markets and Regulation by Non-Enforcement
Kalshi and other prediction markets have been inundating the CFTC with self-certifications of binary options (i.e., prediction products or event contracts). The figure below shows total self-certifications to the CFTC and self-certifications from Kalshi since it began operating in 2021.
SEC Chair Atkins on Regulation Crypto Assets
Today [August 18], the Commission continues its work to restore American leadership in capital formation by developing tailored, fit-for-purpose rules that are designed to support innovation in crypto asset markets.
Given the progress made in Congress to date on market
Should the Rules Be Different When Prediction Markets Play Sportsbook?
In August 2025, the two leading U.S. prediction market platforms processed a combined $1 billion in monthly transaction volume. By July 2026, that figure had climbed to nearly $46 billion, according to The Block Prediction Market Dashboard. That growth
Wachtell Lipton Discusses Delaware Chancery Decision Reaffirming That Caremark Liability Turns on Bad Faith
Delaware corporate law demands neither omniscience nor infallibility from directors, but rather a good-faith effort. The Delaware Court of Chancery reaffirmed that principle yesterday in a decision dismissing claims that current and former directors of Boeing breached their oversight duty
The SEC Opened the Door to Mandatory Shareholder Arbitration. Will Companies Walk Through It?
For decades, mandatory arbitration provisions covering shareholder claims were largely absent from the governance documents of public companies. Their absence was largely the consequence of two institutional forces. At the federal level, the Securities and Exchange Commission maintained an informal
Paul Weiss Discusses Delaware Decision Ordering Specific Performance of $2.35 Billion Merger
In Verisk Analytics, Inc. v. ExactLogix, Inc., the Delaware Court of Chancery held in a post-trial opinion that a buyer’s termination of a commercial relationship with the target’s competitor constituted “willful conduct” that was the “primary cause” of the