The Constitution authorizes United States Supreme Court justices to serve during “good Behaviour”; as a practical matter, this has meant life tenure, given how rare legislative impeachment and removal are. Lifetime tenure has been the source of controversy in recent
Law School Blogs
Government Finally Splits the Online Harms Bill: Never Too Late To Do The Right Thing…Or Is It?
Justice Minister Arif Virani yesterday finally bowed to public pressure by agreeing to split Bill C-63, the Online Harms bill. The move brings to an end the ill-conceived attempt to wedge together Internet platform responsibility with Criminal Code provisions…
CFTC Releases Enforcement Results for FY 2024
The Commodity Futures Trading Commission today announced record monetary relief of over $17.1 billion for fiscal year 2024. With the resolution of digital asset cases that resulted in the agency’s largest recovery ever, this record amount included $2.6 billion in…
How Classified Boards Have Evolved Over the Last Thirty Years
Classified boards, which divide directors into staggered classes with only one class standing for reelection annually, have long been considered a powerful defense against hostile corporate takeovers. Despite their widespread use, they remain a topic of intense debate. While studies…
Sullivan & Cromwell Discusses Director and Creditor Liability in Distressed Companies Under Delaware Law
On November 15, 2024, the Delaware Court of Chancery found that certain of the directors of Bridge Street Worldwide, Inc. (“BSW”), a Delaware corporation, were liable for breaching their fiduciary duty of loyalty by entering into a forbearance agreement with BSW’s…
Revisiting “Truth in Securities Revisited:” The SEC Disclosure Regime in the New Millennium
The system of disclosure for public companies no longer meets the needs of investors and other stakeholders. Largely put in place by the Securities and Exchange Commission in 1982, the principles underlying the system have failed to keep pace with…
Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal
Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. The lawsuit is the first high profile Canadian…
About Face: How Much of Current SEC Policy Will the Trump Administration Reverse?
The future of the Securities and Exchange Commission (“SEC”) is currently uncertain. Given the Trump election, Republican majorities in both the House and Senate and soon at the SEC, we focus on what may happen next and, even more importantly,…
Wachtell Lipton Discusses Prospects of Legal Clarity for Cryptoassets
A resilient cryptoasset industry is emerging from weathering years of headwinds — from edicts prohibiting the banking of the industry, to an SEC leadership bent on aggressive regulation-by-enforcement in lieu of transparent rulemaking. Looking ahead, tailwinds abound: Bitcoin and Ether…
Personal relationships and system collaboration
The intention of this blog is to share learning and insights from the Transformational Change Partnership, which develops the capacity of public-serving agencies to advance system-level changes that improve outcomes and reduce disparities. Backed by interdisciplinary research, the blog is…