Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts: An Update From Skadden Securities Litigators - September 2015 / Volume 7 / Issue 3

This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases principally decided between May 2015 and August 2015. The cases address developing…more
| Civil Procedure, Securities Law

"Privacy & Cybersecurity Update - FTC Mobile Privacy Disclosures: Court of Justice of the European Union Declares US-EU Safe Harbor Invalid"

“Decision 2000/520 is invalid.” With those four words, the Court of Justice of the European Union (CJEU) sent shock waves through the European and U.S. business communities on October 6, 2015, with a landmark decision finding…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

"Key Takeaways: Proxy Access - Latest Developments"

On September 17, 2015, Skadden presented a webinar titled “Proxy Access: Latest Developments.” The panelists were Art Crozier, Chairman of Innisfree M&A Incorporated; Mike Garland, Assistant Comptroller for Corporate Governance…more
| Business Organizations, Securities Law

"Key Takeaways: Delaware LLCs - The Implications of Anson"

Skadden held a webinar on September 14, 2015, to discuss certain key aspects of the U.K. Supreme Court decision in Anson v. HMRC, with a focus on potential ramifications for multinational groups including Delaware LLCs (and…more
| Business Organizations, Civil Procedure, International Law & Trade, Taxation

"European Court of Justice Rules on Retroactive Loyalty Rebates"

On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been referred…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, International Law & Trade

"CFTC Asserts Jurisdiction in Bitcoin Markets"

The Commodity Futures Trading Commission (CFTC) recently took a series of actions confirming views expressed late last year by CFTC Chairman Timothy Massad that "[d]erivatives contracts based on a virtual currency represent one…more
| Finance & Banking, Science, Computers, & Technology, Securities Law

"Inside the Courts: Sweeping Changes Proposed to the Federal Rules of Civil Procedure"

Significant amendments to the Federal Rules of Civil Procedure submitted to Congress in April 2015 could change discovery practices in securities litigation before the end of this year. Absent legislation to reject, modify or…more
| Civil Procedure, Electronic Discovery, Securities Law

Privacy & Cybersecurity Update - September 2015

Adviser to European Court of Justice Says US-EU Safe Harbor Should Be Declared Invalid - An advisory opinion issued by the advocate general to the European Court of Justice states that the U.S.-EU Safe Harbor should be…more
| Finance & Banking, International Law & Trade, Privacy, Science, Computers, & Technology, Securities Law

"Insights Conversations: Update on Shareholder Activism in the US Banking Industry"

Two years ago, the U.S. banking industry was a rare exception to the trend of increased shareholder activism that was prevalent across industries. At the time, Skadden partners Brian Christiansen, David Ingles, Sven Mickisch and…more
| Business Organizations, Finance & Banking, Mergers & Acquisitions

"SLUSA in the Age of Madoff"

Litigation arising out of Bernard Madoff's Ponzi scheme has generated multiple legal developments, including new case law regarding the Securities Litigation Uniform Standards Act of 1998 (SLUSA). SLUSA provides a powerful legal…more
| Civil Procedure, Securities Law

"New York Courts and International Arbitration Tribunals Take Varying Approaches to Corruption Issues in Commercial Disputes"

When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to applicable…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, International Law & Trade

"Evaluating the State of Financial Reform Five Years After Dodd-Frank"

July 21, 2015, marked the fifth anniversary of the signing of the landmark Dodd-Frank Act and provided a natural opportunity to evaluate the progress regulators have made in establishing the new regulatory regime as well as…more
| Administrative Law, Finance & Banking, Securities Law

"OFAC and BIS Further Ease Cuba Restrictions"

On September 21, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) amended their respective Cuba regulations to…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, International Law & Trade

"Popularity of Locked-Box Deals in the UK: Price Certainty, Other Benefits for Buyers"

In the U.K. M&A market, the continuing trend in recent years has been an increase in the number of deals being completed on the basis of a locked-box pricing mechanism. In a locked-box transaction, as opposed to the completion…more
| Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions

"EPA Issues Clean Power Plan to Reduce Power Plant Carbon Emissions (Updated)"

On August 3, 2015, the U.S. Environmental Protection Agency issued its final regulation, known as the Clean Power Plan (CPP), establishing carbon dioxide emission guidelines for existing affected electric utility generating…more
| Energy & Utilities, Environmental Law
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