In recent years, state Attorneys General (AGs) have taken a more active approach in antitrust enforcement matters related to mergers and acquisitions.  For example, earlier this year, laws in Washington and Colorado requiring parties to submit pre-merger notification filings went into effect.  AGs are also generally enforcing the antitrust laws more aggressively — ensuring that…

On October 6, 2025, Governor Gavin Newsom signed into law California Senate Bill No. 763 (SB 763), effective January 1, 2026, which increases the maximum corporate criminal antitrust penalties in California to $6 million and provides for new civil penalties of up to $1 million in cases brought by the California attorney general. The new…

On September 2, 2025, U.S. Representative Zachary Nunn sent a letter to the chair of the Committee on Foreign Investment in the United States (CFIUS) highlighting concerns over ownership transparency of certain bitcoin mining firms and suppliers connected to China. The national security attention on bitcoin mining supply chains reveals why corporate boards and their…

Elon Musk is once again testing the boundaries of the law on fiduciary duties. In September 2025, Tesla proposed to give him a new compensation package valued at more than $1 trillion, the largest in corporate history. Shareholders are scheduled to vote on the package this November. The proposal comes less than a year after…

As technology’s importance to companies grows, so does the need for what we call “digital governance:” leveraging technology within governance structures and managing the risks it presents. In a recent paper, we examine how China and India are addressing these two tasks, and we do so by focusing on the impacts of hard and…

Proxy advisers play a pivotal role in corporate governance by providing institutional investors with recommendations on how to vote at shareholder meetings. These firms influence key corporate decisions, including the election of directors, executive compensation, and governance policies, thereby exerting a substantial impact on the management of publicly listed companies around the world. Given the…

In the summer of 2025, shares of Robinhood hit an all-time high following the announcement of ambitious plans from the e-trading giant to expand its financial services. The plans involve launching new initiatives, including Robinhood Strategies, Robinhood Banking, a prediction markets hub, and expanded crypto offerings for retail investors. Robinhood touts itself as a…