John C. Coffee, Jr.

May 16, 2018 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. examines the recent decision in 'In re Xerox Corp. Consol. Shareholder Litigation', in which Justice Barry Ostrager enjoins the Xerox shareholder vote and requires a waiver of its advance notice bylaw.

By John C. Coffee Jr.

2 minute read

March 14, 2018 | New York Law Journal

Corporate Securities columnist John C. Coffee Jr. writes: Once upon a time, courts might wink and nod at “merger objection” cases and cooperate in their settlement. But with these cases now approaching 50 percent of all securities class actions, this “business-as-usual” approach cannot (and should not) continue. As a result, this may be the best of times for the established plaintiff's bar in securities class actions and the worst of times for the others.

By John C. Coffee Jr.

15 minute read

January 17, 2018 | New York Law Journal

Corporate Securities columnist John C. Coffee Jr. writes: Spotify is proceeding with the first “Underwriter-less” IPO that the New York Stock Exchange has seen in modern times. Will it attract other “unicorns”?

By John C. Coffee Jr.

19 minute read

November 15, 2017 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. writes: The pattern of the vast majority of activist challenges being settled through private negotiations makes the settlement process academically interesting. What gets negotiated? And with what outcomes?

By John C. Coffee Jr.

12 minute read

September 20, 2017 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. writes: At present, the circuits are divided in their tolerance for unidentified "confidential witnesses." In this light, what can or should be done with respect to the use of confidential witnesses?

By John C. Coffee Jr.

30 minute read

July 19, 2017 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. writes: Old frauds never die. Nor do they fade away. Rather, they mutate and morph into new configurations in response to new opportunities (which new technologies usually create). Thus, the traditional boiler room "pump and dump" scheme was a product of the widespread adoption of the telephone, which allowed high pressure salesman to reach hundreds of gullible customers in a day. Today, an analogous new technological development is inviting new forms of fraud.

By John C. Coffee Jr.

13 minute read

May 17, 2017 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. discusses the core ideas of the CHOICE Act, an "unedited grab bag (extending for nearly 600 pages) of pet ideas and recycled bills." Everyone recognizes that Dodd-Frank could be streamlined and simplified, but gutting it is a different matter.

By John C. Coffee Jr.

34 minute read

March 15, 2017 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. of Columbia University Law School discusses a recent decision of the Appellate Division, First Department, writing: 'Gordon v. Verizon Communications' will ensure that the nuisance suit remains alive and well in New York and should bring the worst of the plaintiff's bar streaming back to New York. Unless the Court of Appeals reverses, New York will become celebrated as the jurisdiction of the judicial rubber stamp.

By John C. Coffee Jr.

25 minute read

January 18, 2017 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. analyzes the application of the Emoluments Clause to President-elect Donald J. Trump. He focuses on the specific nature of Trump's conflicts and how they expose him to foreign governmental pressure that will be largely invisible. He writes: Whether or not the Clause applies, tolerating the exposure of the President to foreign pressure is inexcusable.

By John C. Coffee Jr.

22 minute read

November 17, 2016 | New York Law Journal

In his Corporate Securities column, John C. Coffee Jr. of Columbia University Law School examines executive compensation and clawback provisions, writing: The case for broad clawbacks comes into clearer focus when one looks closely at a series of recent corporate scandals, which each raise the same jaw-dropping question: What were those guys thinking?

By John C. Coffee Jr.

26 minute read