ArticleCompetition Litigation 2019For the purposes of this discussion, we will refer to claims that can be brought before the General Court and the Court of Justice of the European Union ...European UnionAntitrust/Competition LawSkadden, Arps, Slate, Meagher & Flom LLP
ArticleRecent Developments In The Enforceability Of Make-Whole Premiums In The Second CircuitIn March 2019, Judge Stuart M. Bernstein of the U.S. Bankruptcy Court for the Southern District of New York ruled that lenders using clear and unambiguous language in their loan agreementsUnited StatesInsolvency/Bankruptcy/Re-StructuringSkadden, Arps, Slate, Meagher & Flom LLP
ArticleHHS OIG Closes 2018 With New Fraud Risk Indicator For Corporate Integrity AgreementsWhile the number of new corporate integrity agreements (CIAs) declined since last year, and was below the trailing five-year average, 2018 was an important year on the policy front for the Office of Inspector General.United KingdomFood, Drugs, Healthcare, Life SciencesSkadden, Arps, Slate, Meagher & Flom LLP
ArticleA Focus On Price: Antitrust In The Kavanaugh EraWith confirmation hearings looming for DC Circuit Judge Brett Kavanaugh, President Trump's Supreme Court nominee to replace retiring Justice Anthony Kennedy, senators will prepare to probe...United KingdomAntitrust/Competition LawSkadden, Arps, Slate, Meagher & Flom LLP
ArticleTo Check Or Not To Check? The TCJA's Impact On Entity Classification DecisionsSince the introduction of the entity classification regulations over two decades ago (the so-called "Check-the-Box Regulations"),1 the U.S. rulesUnited StatesTaxSkadden, Arps, Slate, Meagher & Flom LLP
ArticleEmployment Flash – May 2019This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightenedUnited KingdomEmployment and HRSkadden, Arps, Slate, Meagher & Flom LLP
ArticleSecond Circuit Allows Avoidance Actions Against Foreign Transferees In Madoff ProceedingOn February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court's dismissal of avoidance actions brought by Irving Picard ...United StatesInsolvency/Bankruptcy/Re-StructuringSkadden, Arps, Slate, Meagher & Flom LLP
ArticleEmployment Flash – September 2018This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; ...GlobalEmployment and HRSkadden, Arps, Slate, Meagher & Flom LLP
ArticlePreparing For Democratic Oversight InvestigationsFor the past several years, Republican majorities in the House of Representatives and Senate have dictated the agenda of CongressUnited StatesGovernment, Public SectorSkadden, Arps, Slate, Meagher & Flom LLP
ArticleHong Kong Regulatory Update – April 2019This Hong Kong regulatory update provides an overview of key regulatory developments in the past three months relevant to companies listed (or planning to list)Hong KongFinance and BankingSkadden, Arps, Slate, Meagher & Flom LLP
ArticlePrivacy & Cybersecurity Update - November 2018In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield,United KingdomPrivacySkadden, Arps, Slate, Meagher & Flom LLP
ArticleIRS Proposes New Section 382 Regulations To Further Limit Use Of Tax LossesOn September 9, 2019, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) proposed regulations (proposed regulations) addressing items of income ...United StatesTaxSkadden, Arps, Slate, Meagher & Flom LLP
ArticleKey Delaware Corporation Law DevelopmentsThe Delaware courts issued a number of significant decisions in 2018 that are likely to have ripple effects throughout 2019. United StatesCorporate/Commercial LawSkadden, Arps, Slate, Meagher & Flom LLP
ArticleOCC And FDIC Finalize Standards For Unsafe Or Unsound Practices And MRAsThe U.S. Office of the Comptroller of the Currency and the FDIC have issued a joint final rule redefining "unsafe or unsound practice" and establishing new standards for matters requiring attention (MRAs) in bank supervision. How will these changes, which prioritize material financial risk over procedural deficiencies, reshape the regulatory landscape for financial institutions when they take effect in November 2026? United StatesFinance and BankingSkadden, Arps, Slate, Meagher & Flom LLP
ArticleAnalyzing Akorn: Delaware's First M&A Termination Under Material Adverse EffectOn October 1, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued a 246-page post-trial opinion in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL, that denied the seller's...United KingdomCorporate/Commercial LawSkadden, Arps, Slate, Meagher & Flom LLP
ArticleINSIGHT: Shareholder Activism-Boards Need To Assess VulnerabilitiesSkadden Arps attorneys say shareholder activism is here to stay and look at trends for 2019. Taking steps to prepare for activism is critical to help companies effectively engage with activists, United KingdomCorporate/Commercial LawSkadden, Arps, Slate, Meagher & Flom LLP
ArticleSEC Enforcement Division Issues Annual Report: Increase In Enforcement Actions And Focus On Main Street And Cyber-Related FraudOn November 2, 2018, the U.S. Securities and Exchange Commission (the SEC or Commission) Division of Enforcement (the Division) ...United KingdomTechnologySkadden, Arps, Slate, Meagher & Flom LLP
ArticleSEC Proposes Changes To Financial Disclosure Requirements For Acquisitions And DispositionsOn May 3, 2019, the Securities and Exchange Commission (SEC) proposed extensive changes to the financial disclosure requirements for business acquisitions ...United StatesCorporate/Commercial LawSkadden, Arps, Slate, Meagher & Flom LLP