In a year of significant regulatory, geopolitical, technological and macroeconomic turbulence, boards have had to manage through an environment of uncertainty. Unpredictability caused by frequent policy shifts and evolving expectations and demands from governmental and market actors added complexity to the array of demands that a modern public company board must address. Yet there were
The CLS Blue Sky Blog
Latest from The CLS Blue Sky Blog
Litigation Against Venture Capital in the Unicorn Era
In 2023, a former employee and shareholder of a struggling startup called Teespring sued not just the company and its managers, but also one of its investors: Hydrazine Capital, a venture fund affiliated with OpenAI CEO Sam Altman. The plaintiff won a judgment against the company after it stopped paying him. But when he attempted…
Digital Governance After the AI Act
The European Union’s Artificial Intelligence Act is now law. Some provisions are already in effect, but others are still being finalized, so boards are being asked to take digital governance seriously while the legal floor under their feet is still moving.
The question for directors is no longer whether artificial intelligence and data systems matter.…
Combating Corporate Greenwashing With Blockchain Technology
Environmental sustainability has become a cornerstone of modern corporate responsibility. Yet, a troubling trend lies beneath the glossy reports and bold claims: greenwashing, a way for companies to build a fake eco-friendly image.
Greenwashing is more than just misleading marketing. It’s a sophisticated strategy that undermines genuine sustainability efforts and erodes trust in corporate environmental…
Davis Polk Discusses Key Developments in UK Corporate Governance Last Year
As UK companies prepare for the publication of their year-end annual reports and to hold their annual shareholder meetings, here are some updates.
Governance regulations and guidance
Modernisation of UK corporate reporting
On 21 October 2025, the Department for Business and Trade published a written statement announcing its plans to further modernise and simplify the…
Unprecedented Challenges Should Prompt Boards to Broaden Their Sources of Information
A rapidly expanding scope of challenges is prompting corporate boards to re-evaluate the adequacy of the information with which their staffs provide them. Traditional sources such as financial reports, regulatory and litigation briefings, and strategic commentaries are not enough to keep them informed about a host of new issues, including the impact of new technologies…
Wachtell Lipton Discusses M&A in 2025 and Looks Ahead to 2026
In a year marked by not-insignificant change — geopolitical, economic, technological, regulatory and market — 2025 has been a year of much increased M&A activity, in the United States and around the world. M&A deal volume in the United States is on pace to reach approximately $2.3 trillion, up 49% from 2024, and global M&A…
SEC’s Chief Accountant Speaks on SEC and PCAOB Developments
The federal securities laws establish the authority of the Securities and Exchange Commission (“SEC” or “Commission”) to set accounting, auditing, and auditor independence standards to be followed in the preparation and the audit of the financial statements of public companies. The SEC’s Office of the Chief Accountant (“OCA”) is led by the Chief Accountant, who…
SEC Commissioner Crenshaw Fears Markets Have Become Like Casinos
Good morning and thank you Aaron [Klein]. It is a pleasure to be here this morning. While this isn’t a “farewell address,” I hope you will indulge me if I take the opportunity to reflect a little bit on what I’ve learned, what we accomplished prior to this year, and provide commentary on where I…
Circle, Coinbase, and the Prohibition on Interest Under the GENIUS Act
The Guiding and Establishing National Innovation for U.S. Stablecoins Act (“GENIUS Act”) establishes the first comprehensive federal framework for “payment stablecoins” in the United States. The bill’s most discussed, and debated, provision is Section 4(a)(11), which provides:
No permitted payment stablecoin issuer or foreign payment stablecoin issuer shall pay the holder of any…