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The CLS Blue Sky Blog

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By: Columbia Law School

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Maeve O'Connor
Stuart D. Levi, M. Oren Epstein and Jordan Feirman

Latest from The CLS Blue Sky Blog

The CLS Blue Sky Blog

The Corporate Restructuring Machine: How AI Could Improve Workouts

By Horst Eidenmüller & Jared Mayer
April 21, 2025

Out-of-court corporate restructurings, or “corporate workouts,” involve high-stakes multi-party negotiations without a clear procedural framework, such as the one that Chapter 11 provides. This gives the parties the freedom to design workouts without the constraints imposed by a rigid legal process – and can save them significant amounts of money.
At the same time, corporate…

The CLS Blue Sky Blog

How Accurate Are Corporate AI Disclosures?

By John M. Barrios, John L. Campbell, Ryan G. Johnson & Christine Liu
March 3, 2025

Artificial intelligence (AI) is emerging as a general purpose technology (GPT) with the potential to transform industries. As a result, the potential benefits of AI give firms strong reasons to adopt it – but also provides opportunities to exaggerate their investments in it. Unlike previous GPTs such as the steam engine or electricity, which required…

The CLS Blue Sky Blog

Scaling Core Earnings Measurement With Large Language Models

By Matthew Shaffer
February 28, 2025

Large language models (LLMs) are capturing headlines and users as AI researchers push the limits of their capabilities. Those of us who work on understanding and analyzing corporations, whether as practitioners or researchers, are presented with two practical questions: What can these models do for us that wasn’t previously possible (their upside), and when, how,…

The CLS Blue Sky Blog

Davis Polk Discusses Stablecoin Bill as Crypto Legislation Gains Momentum

By Randall D. Guynn, Joseph A. Hall, Justin Levine, David L. Portilla & Gabe Rosenberg
February 25, 2025

With a new administration and Congress each expressing interest in pursuing a new regulatory framework for crypto, the prospects for federal stablecoin legislation are growing. On February 4, Sen. Bill Hagerty (R-TN) introduced the Guiding and Establishing National Innovation for U.S. Stablecoins of 2025 Act – the GENIUS Act – cosponsored by Senate Banking Chair…

The CLS Blue Sky Blog

Wachtell Lipton Discusses What Awaits M&A in 2025

By Wachtell, Lipton & Rosen And Katz
February 4, 2025

After a relative low in global M&A in 2023, the past year witnessed a moderate uptick as the pandemic receded further into the rear-view mirror, the U.S. economy stabilized, inflation declined (albeit with some renewed concern toward the end of the year), financing markets brightened, albeit modestly, and equity markets climbed ever higher. Global M&A…

The CLS Blue Sky Blog

A New Corporate Governance Paradigm for the AI Revolution

By Michael R. Siebecker
January 17, 2025

In a new article, I tackle the increasingly urgent question of how corporate governance principles must adapt in response to the transformative influence of artificial intelligence (“AI”). No longer just a tool for enhancing operational efficiency, AI now fundamentally alters how corporations make decisions, relate to stakeholders, and engage with society.[1] Traditional fiduciary corporate…

The CLS Blue Sky Blog

A New Theory of Purposeful Enterprise

By Cathy Hwang & Dorothy S. Lund
January 6, 2025

In a new paper, we present a novel theory of “purposeful enterprise” to explain why nonprofit enterprises survive and thrive. We define nonprofit enterprises as nonprofits that generate revenue primarily through operations rather than donations.[1] Patagonia, Novo Nordisk, IKEA, Carlsberg, Anthropic, OpenAI (for now), and most hospitals and universities fall into this category.
Nonprofit…

The CLS Blue Sky Blog

Can Europe’s Digital Markets Act Tame Big Tech in the U.S.?

By Giovanna Massarotto
January 3, 2025

The digital economy has put antitrust regulation in the spotlight, with increasingly dominant technology companies – such as Amazon, Google, Facebook (Meta), Apple, and Microsoft – reviving concerns about private monopolies reminiscent of Standard Oil and AT&T. Yet the enforcement of antitrust principles in the digital world are far more complex than in traditional, non-digital…

The CLS Blue Sky Blog

What Firms Disclose About Their Use of AI

By Yang Cao, Miao Liu, Jiaping Qiu & Ran Zhao
December 19, 2024

The revolutionary potential of artificial intelligence (AI) creates substantial uncertainty about its impact on firm value. On one hand, AI can drive revenue growth through innovative products and precise customer targeting, while also reducing operational costs by automating tasks, optimizing supply chains, and improving production processes. On the other hand, AI comes with heightened risks,…

The CLS Blue Sky Blog

Cleary Gottlieb Discusses DOJ Guidance for Evaluating Antitrust Compliance Programs

By Rahul Mukhi, Joseph Kay, Andres Felipe Saenz, Lauren Aragon & Heather Nyong’o
December 11, 2024

On November 14, 2024, the U.S. Department of Justice (“DOJ”) Antitrust Division (the “Division”) released guidance for the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the “Guidance”). The Guidance will be used by the Division in assessing the adequacy and effectiveness of a company’s antitrust compliance program when making a charging or resolution…

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