Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....more
6/27/2024
/ Acquisitions ,
Antitrust Provisions ,
Banking Sector ,
Capital Markets ,
Consumer Financial Products ,
Consumer Protection Laws ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
Life Sciences ,
Mergers ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Technology
Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more
6/27/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more
4/1/2024
/ Analytics ,
Antitrust Division ,
Artificial Intelligence ,
Board of Directors ,
Climate Change ,
Competition ,
Compliance ,
Corporate Communications ,
Corporate Governance ,
Corporate Social Responsibility ,
Data Management ,
Data Protection ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Hong Kong ,
International Data Transfers ,
Machine Learning ,
Popular ,
Publicly-Traded Companies ,
Race Discrimination ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
State Legislatures ,
Technology Sector
The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more
The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs -
Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more
12/15/2023
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
EU ,
Regulatory Agenda ,
Regulatory Reform ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Sustainability ,
Sustainable Business Practices
Key Points -
- In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more
12/13/2023
/ Affirmative Action ,
Class Action ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
NASCAR ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context.
Although the Court’s decision was...more
9/21/2023
/ Affirmative Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Policies and Procedures ,
Putative Class Actions ,
Race Discrimination ,
SCOTUS ,
Sex Discrimination ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more
7/6/2023
/ Affirmative Action ,
Board of Directors ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Popular ,
Race Discrimination ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Universities
In a recently published memorandum, Deputy Attorney General (DAG) Lisa Monaco announced important updates to the U.S. Department of Justice’s (DOJ’s) approach to investigating and prosecuting corporate crimes. In the...more
On May 18, 2020, Skadden and Marsh cohosted a webinar addressing litigation, exposure and insurance during the COVID-19 pandemic. The panelists were Marcie Lape, Skadden litigation partner; Amy Van Gelder, Skadden litigation...more
6/1/2020
/ Breach of Contract ,
CARES Act ,
Class Action ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Derivative Suit ,
Employer Liability Issues ,
Force Majeure Clause ,
Fraud ,
Litigation Strategies ,
Negligence ,
Nonperformance ,
Risk Assessment ,
Risk Management ,
Risk Mitigation ,
Securities Litigation ,
Securities Violations ,
Wrongful Death
In recent years, courts have become increasingly critical of the doctrine of equitable mootness, a judicially created abstention doctrine that allows appellate courts to dismiss appeals from a bankruptcy court’s confirmation...more