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ARTICLE · 28 SEPTEMBER 2026

The Informed Board – September 2026

Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
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Skadden, Arps, Slate, Meagher & Flom LLP

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As companies face potential shifts in congressional power and evolving regulatory landscapes, boards must navigate new SEC enforcement priorities, state-level AI regulations, and shareholder activism trends. This comprehensive guide examines how organizations can proactively prepare for investigations, comply with divergent state laws, and strengthen crisis management protocols in an increasingly complex governance environment.

United StatesCorporate/Commercial Law

Companies can prepare now for the likelihood of congressional investigations if Democrats gain control of the House and/or the Senate, we explain in the lead article in this issue of The Informed Board. Democrats have signaled where they hope to focus, which provides a roadmap for preparations.

Three other articles explain the impact of recent changes at the SEC. One could curtail some shareholder activism in the short term. Another alters the best ways for companies to respond to shareholder proposals. And a new enforcement team has been formed to scrutinize public company financial reporting.

In an article and our podcast, we describe the implications for companies as states step in to regulate AI and pursue consumer protection, Big Tech and antitrust cases where the federal government has not acted.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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