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

2026 results for Skadden, Arps, Slate, Meagher & Flom LLP (JD Supra United States)

  • Supreme Court Outlines Bounds of the Computer Fraud and Abuse Act

    In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021, siding with the petitioner, ex-police officer Nathan Van Buren, the Court rejected the United States’ interpretation of the CFAA, which would have opened the door for both civil

  • Investment Management Update - June 2021

    In this issue, we cover regulatory developments impacting the investment management sector, including updates on activism activity during the 2021 proxy season, as well as the status of multiple SEC and NYSE proposals, requests for comment and rule adoptions regarding, among other topics, universal proxy cards, limits on investments in private funds by listed closed-end funds, cross trading,...

  • Nasdaq Permits Primary Direct Listings and Proposes Relaxation of Pricing Limits

    On May 19, 2021, the Securities and Exchange Commission (SEC) approved Nasdaq’s proposal to permit companies to issue shares and raise capital in primary direct listings conducted on the Nasdaq Global Select Market without the involvement of traditional underwriters. The changes, which are effective immediately, closely align Nasdaq’s direct offering framework with that of the New York Stock...

  • Employment Flash - June 2021

    This edition of Employment Flash summarizes key employment law issues, including employers' COBRA obligations and increased minimum wage for federal contractors. We also discuss New York's newly enacted laws prohibiting employer discrimination based on marijuana use and limiting exposure to airborne infectious diseases in the workplace. Additionally, we examine several new laws in California and...

  • Conflict Minerals Disclosures Due June 1, 2021

    As a reminder, conflict minerals disclosures on Forms SD are required to be filed with the Securities and Exchange Commission (SEC) no later than June 1, 2021. The conflict minerals disclosure rules and related guidance have been at a practical standstill for the past four years, following legal challenges to the rules and a remand to the SEC for further action. As a result, no notable...

  • DOJ Puts Teeth in Sunshine Act Reporting Requirements

    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 settlements involve new DOJ theories...

  • Enforcement in Life Sciences Series - April-May 2021

    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 settlements involve new DOJ theories of liability or new ways...

  • Corporate Sponsorship of Private Funds: A Focus on the Infrastructure Sector

    In our March 2021 webinar, Skadden co-hosted a cross-disciplinary discussion on corporate sponsored funds (CSFs) with a focus on their particular relevance to the infrastructure sector, including their capacity to align investor and sponsor interests. We note below some of the key themes that emerged from that discussion. These observations continue the conversation on CSFs that we started with...

  • Joint Promotional Programs With Physicians Raise Compliance Risks

    Enforcement in Life Sciences Series: Key Cases in 2020 Reflect Emerging DOJ Focus for Pharmaceutical and Medical Device Makers - 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 settlements involve new DOJ theories of liability or new ways of evaluating

  • Proliferation of NFT Transactions Raises Numerous US Tax Questions

    Background on NFTs - With the market for nonfungible tokens (NFTs) exploding, NFTs attached to art, music, video clips, tweets and other digital collectibles have sold for significant sums: An NFT of an animated flying Pop-Tart cat sold for $600,000, and an NFT from the artist Beeple was auctioned for $69 million. Demand for such tokens does not appear to be slowing, and the Internal Revenue...

  • UK Steps Up Enforcement Efforts With New Global Anti-Corruption Sanctions Regime

    On 27 April 2021, the UK implemented its new Global Anti-Corruption Sanctions Regime, enhancing its existing Global Human Rights Sanctions Regime, which came into force in July 2020. The new Global Anti-Corruption Sanctions Regulations 2021 (the Regulations) enable the UK Foreign Secretary to impose asset freezes and travel bans on designated individuals and entities linked to certain corrupt...

  • DOJ and FDA Target Companies That Undermine FDA Oversight

    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 settlements involve new

  • The Tax Court Offers a Mixed Bag in the Mylan Case

    In Mylan, Inc. & Subsidiaries v. Commissioner, 156 T.C. No. 10 (April 27, 2021), the Tax Court held that legal expenses incurred by a manufacturer of generic pharmaceutical drugs for the preparation, assembly and transmittal of notices required by the filing of an Abbreviated New Drug Application (ANDA) were required to be capitalized pursuant to section 263(a) of the Internal Revenue Code (the...

  • Enforcement in Life Sciences Series

    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 settlements involve new

  • 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. These settlements involve...

  • 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).

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

  • 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...

  • 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...

  • 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 addition, the...

  • 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 appears to be...

  • 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...

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