Skadden, Arps, Slate, Meagher & Flom LLP (JD Supra United States)

2012 results for Skadden, Arps, Slate, Meagher & Flom LLP (JD Supra United States)

  • Navigating Relationships With Practice Support and Other Tech Vendors

    Enforcement in Life Sciences Series: Key Cases in 2020 Reflect Emerging DOJ Focus for Pharmaceutical and Medical Device Makers - About the Enforcement in Life Sciences Series - Recent settlements between the U.S. Department of Justice (DOJ) and a range of FDA-regulated drug and medical device manufacturers provide a snapshot of the DOJ’s enforcement focus....

  • Insights Special Edition: Biden’s First 100 Days

    While combatting the COVID-19 pandemic, the Biden administration also shifted the direction of policy in a number of legal and regulatory areas during its first 100 days. We examine the initiatives, executive orders, nominees and legislative developments that reflect the new administration’s long-term priorities, as well as congressional and federal agency actions, in arenas such as consumer...

  • Shifts in US Trade Policy in Certain Areas but Continuity in Others

    The shape of the Biden administration’s international trade policy has begun to emerge, with few changes expected in some areas (e.g., China) but potential resolutions and new disputes in others (e.g., Europe).

  • Congressional Investigative Priorities Emerge

    With Democrats controlling both the House and Senate for the first time since 2011, businesses can expect new congressional scrutiny on a number of fronts. While cabinet confirmations and such major legislative proposals as the new administration’s infrastructure plan will command more headlines, investigations and private sector oversight also remain priorities.

  • Carbon Reduction and Environmental Justice Drive Energy Policy

    As we anticipated, under President Biden the Federal Energy Regulatory Commission (FERC) has begun addressing ways to reduce carbon emissions and add new transmission capacity. (See our 2021 Insights article “Under Biden, Energy Policy May Shift to Carbon Reduction.”) It has announced support for utilities that operate a portion of the bulk power grid taking steps to integrate the cost of carbon...

  • Early Changes for Employers and Employees

    A series of employment-related actions in President Biden’s first 100 days in office signal the likelihood of additional actions and legislative proposals. Employers should expect a decidedly pro-worker tilt.

  • Racial Equity and Fair Lending at the Forefront of Consumer Financial Services Enforcement

    The Biden administration has moved quickly on its promise to take a more aggressive approach to pursuing actions against consumer financial services companies. Though the administration has implemented some concrete policy changes in that direction, the most consequential action to date has been its announcement of nominees supporting an aggressive enforcement agenda.

  • Increased Funding Would Support IRS Drive To Audit More Partnerships and Wealthy Individuals

    More — and more rigorous — IRS examinations are coming. The Biden administration is committed to closing the “tax gap” (the difference between taxes owed and taxes actually paid on time). Increased enforcement efforts are perceived to be a way to increase tax revenue without increasing rates.

  • SEC Primed To Act on ESG Disclosure

    During his Senate confirmation hearing for chair of the Securities and Exchange Commission (SEC), Gary Gensler said he would adhere to the U.S. Supreme Court’s view of materiality: Information is material (and should therefore be disclosed) if there is a substantial likelihood that a reasonable investor would consider the information important in making an investment or voting decision. He then...

  • Antitrust Enforcement Expected To Intensify

    President Biden has signaled a pro-enforcement approach to antitrust policy by naming Columbia Law School professor Tim Wu as a White House adviser and nominating Lina Khan, who also teaches at Columbia Law, to be commissioner of the Federal Trade Commission (FTC). Both are known for expansive views of the antitrust laws and advocacy of forceful enforcement, particularly against technology...

  • Regulating Blockchain

    The first 100 days of the Biden administration has coincided with a watershed period in the evolution of blockchain technology and cryptocurrencies. The price of Bitcoin has risen dramatically during that period, triggering increased interest in cryptocurrencies, including among traditional financial services firms. In addition, developments such as the explosion of nonfungible tokens (NFTs) and...

  • A Growing Focus on Cybersecurity

    President Joe Biden has been fulfilling his promise to prioritize cybersecurity in his administration: He issued several cybersecurity-related executive orders, and federal regulators under his administration also have turned their focus to these issues. In its first 100 days, the administration has signaled an intent to collaborate with the private sector while also holding companies accountable

  • Sanctions Remain Key; Implementation of Sweeping Anti-Money Laundering Legislation Begins

    Sanctions - The Biden administration has made clear that economic sanctions will continue to be an important U.S. foreign policy tool and has initiated a comprehensive review of current sanctions policies and practices. While the assessment is underway, the U.S. continues to impose new measures in response to national security threats and, as anticipated, the new administration...

  • Privacy & Cybersecurity Update - April 2021

    In this month's edition of our Privacy & Cybersecurity Update, we examine the Second Circuit's ruling allowing standing for increased risk of identity theft following a data breach, the European Commission's recently released Draft AI Regulation, the U.S. Department of Labor's cybersecurity guidelines for retirement plans and the Indiana Supreme Court's ruling that a ransomware attack may be...

  • Climate Change a Focus of Environmental Policy, Infrastructure Plan

    President Biden took a number of Day One actions to help fulfill his promises to achieve a carbon-free power sector by 2035 and to put America on an irreversible path to a net-zero carbon emission economy by 2050. Addressing climate change is also an important part of his sweeping $2 trillion-plus infrastructure plan. (See "Infrastructure Plan Relies On Federal Loan Programs.") In...

  • ESG in the Political Law Arena

    Political activities of corporations have been increasingly subject to scrutiny on environmental, social and governance (ESG) matters. Indeed, increased demands that corporate political action committees justify their contributions based on candidates’ voting records on ESG issues started with the North Carolina gender bathroom bill in 2016. This evolved to a more general focus on LGBTQ+ and...

  • Supreme Court Developments

    Even as President Biden has appointed a commission to study potential institutional reforms of the U.S. Supreme Court, his administration’s most immediate impact at the Court came through a flurry of filings early this year in which the government changed its position on several policies at the heart of pending cases. The Court removed two cases from its February 2021 oral argument calendar,...

  • White House, Congress Seek To Reverse Trump-Era Regulations

    The first 100 days of many new administrations include a fast-tracked review of the federal regulatory landscape. This is especially true when the presidency changes political parties, and even more so when, as today, the party of the new executive also has majorities (however slim) in both chambers of Congress. Under these circumstances, the Congressional Review Act (CRA), which allows for...

  • Closer Scrutiny Expected of Corporate Conduct

    The Biden administration is widely expected to be tougher on corporate wrongdoing than its predecessor. Although there have not yet been significant changes to existing policies, key nominations to date and early enforcement initiatives signal close scrutiny of corporate conduct to come.

  • Infrastructure Plan Relies On Federal Loan Programs

    On March 31, 2021, President Biden released one of his most significant policy initiatives, the American Jobs Plan. The eight-year, over $2 trillion plan proposes large investments in a broadened scope of infrastructure. In addition to upgrades to traditional transportation infrastructure such as highways, bridges, ports, airports and transit systems, the plan details other priorities such as...

  • DOJ’s Evolving Enforcement Approach to Off-Label Promotion

    Enforcement in Life Sciences Series: Key Cases in 2020 Reflect Emerging DOJ Focus for Pharmaceutical and Medical Device Makers - About the Enforcement in Life Sciences Series - Recent settlements between the U.S. Department of Justice (DOJ) and a range of FDA-regulated drug and medical device manufacturers provide a snapshot of the DOJ’s enforcement focus. These

  • Supreme Court Curbs FTC’s Authority To Seek Monetary Relief in Federal Court — At Least Temporarily

    Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to seek monetary relief from defendants in federal court. We had anticipated this outcome in our December 2020 client alert “Supreme Court Review of FTC Monetary Relief Authority...

  • One Year of COVID-19: The Government’s Efforts To Address CARES Act Fraud

    Over the course of a year beginning in March 2020, starting with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the U.S. government has approved trillions of dollars in relief funds in efforts to keep the U.S. economy afloat. Part of these relief efforts has included government-backed loans to private enterprises, including the Payment Protection Program (PPP) and the...

  • FinCEN Commences Rulemaking Process To Implement New Beneficial Ownership Requirements

    On April 1, 2021, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an advance notice of proposed rulemaking (ANPRM) to solicit public comments on the implementation of the Corporate Transparency Act (CTA), which was enacted on January 1, 2021, as part of the National Defense Authorization Act for fiscal year 2021 (NDAA). The CTA aims to improve corporate...

  • US Imposes Additional Round of Sanctions on Russia Amid Increasing Tensions

    On April 15, 2021, President Joe Biden issued Executive Order 14024, titled the “Executive Order on Blocking Property With Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation,” which authorized new sanctions on Russia for a variety of “malign” activities, including interference in U.S. elections, cyberattacks against the U.S. and violations of the...

  • Directors’ Oversight Role Today: Increased Expectations, Responsibility and Accountability — A Macro View

    I. The Current State of Play - The subjects falling within the purview of U.S. public company board of director oversight have grown to encompass virtually any subject that an investor, stakeholder or other party raises as being potentially material to a company and, therefore, needing board attention. Many issues — often under the umbrella of “environmental, social and governance” (ES

  • Crowdfunding Regulation: Major Reform in the EU, No Change in the UK

    Although crowdfunding has existed in various forms since the late 1990s, the global financial crisis in 2008 accelerated the trend of channelling consumer and business lending through crowdfunding platforms. This mode of nonbank financing experienced significant growth in the period since the financial crisis, particularly for start-ups and early stage companies. Investment and financing through...

  • DOJ Introduces Novel Theories of Liability and Requires Unprecedented Controls in Speaker Program Settlement

    Enforcement in Life Sciences Series: Key Cases in 2020 Reflect Emerging DOJ Focus for Pharmaceutical and Medical Device Makers - About the Enforcement in Life Sciences Series - Recent settlements between the U.S. Department of Justice (DOJ) and a range of FDA-regulated drug and medical device manufacturers provide a snapshot of the DOJ’s enforcement focus. These

  • The USMCA: Six Months On

    In a January 2021 webinar titled “The USMCA: Six Months On,” Skadden International Litigation and Arbitration partners Julie Bedard, David Herlihy, Timothy G. Nelson and Jennifer Permesly and CFIUS, National Security and International Trade partner Jeffrey Gerrish and counsel Brooks Allen discussed the United States-Mexico-Canada Agreement (USMCA), six months after its signing.

  • Merger Control Reviews: Spotlight on Internal Documents

    In a webinar held on March 25, 2021, Skadden antitrust/competition partners Kenneth Schwartz and Ingrid Vandenborre joined Charles River Associates vice presidents Andrew Dick and Oliver Latham to discuss the important role internal documents play in antitrust investigations worldwide and practical tips for document creation.

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