The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, which was signed into law on March 27, 2020, provided for the establishment and expansion of a range of economic assistance programs designed to help...more
5/15/2020
/ Banks ,
CARES Act ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Statements ,
Financial Regulatory Agencies ,
Financial Stimulus ,
Fraud ,
GAO ,
Government Investigations ,
Inspector General ,
Law Enforcement ,
Lenders ,
Loan Forgiveness ,
Pandemic Response Accountability Committee (PRAC) ,
Paycheck Protection Program (PPP) ,
Regulatory Oversight ,
Risk Management ,
SBA ,
SIGPR
Federal district courts around the country continue to grapple with how to analyze “no-poach” agreements — whereby two or more companies agree not to hire or recruit each other’s workers — under the antitrust laws. Beginning...more
5/2/2020
/ Antitrust Violations ,
Defense Contracts ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
Federal Contractors ,
Franchisee ,
Franchisors ,
Hub-and-Spoke Conspiracy ,
No-Poaching ,
Per Se Rule ,
Popular ,
Restraint of Trade ,
Rule-of-Reason Analysis ,
Sherman Act ,
Standard of Review
Addressing the Evolving Risks -
Warren Buffett said that “only when the tide goes out do you discover who’s been swimming naked.” Buffett was not talking about compliance programs in a time of crisis, but his wisdom applies...more
5/2/2020
/ Anti-Corruption ,
Anti-Money Laundering ,
BSA/AML ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Misconduct ,
Cybersecurity ,
Disclosure Requirements ,
Economic Sanctions ,
Enforcement Actions ,
FFIEC ,
Financial Distress ,
Financial Fraud ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Market Manipulation ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Public Health Emergency ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Mitigation ,
Sanction Violations ,
Securities and Exchange Commission (SEC)
On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more
4/30/2020
/ Antitrust Injuries ,
Antitrust Litigation ,
Appeals ,
Burden of Proof ,
Class Certification ,
Delays ,
Direct Purchasers ,
FRCP 23 ,
FRCP 23(b)(3) ,
Generic Drugs ,
Manufacturers ,
Pharmaceutical Industry ,
Predominance Requirement ,
Remand ,
Reverse Payment Settlement Agreements ,
Vacated ,
Wholesale
Although courthouse activity has slowed over the past month due to COVID-19 social distancing efforts, federal courts continue to conduct business, even if remotely. Many judges have utilized this time to finalize decisions...more
4/7/2020
/ Antitrust Conspiracies ,
Antitrust Litigation ,
Antitrust Standing ,
Failure To State A Claim ,
Federal Pleading Requirements ,
Financial Services Industry ,
Foreign Defendants ,
FRCP 12(b)(2) ,
Libor ,
Motion to Amend ,
Motion to Dismiss ,
Personal Jurisdiction ,
Putative Class Actions ,
Sherman Act ,
Standing
After first invoking the Defense Production Act (DPA) on March 18, 2020, President Donald Trump has taken several actions to formally deploy the authorities we discussed in our March 20, 2020, client alert, “President Trump...more
While enforcement agencies have yet to indicate that they intend to put their pens down in response to COVID-19, there is anecdotal evidence that some agencies have slowed their investigations as remote working impacts matter...more
3/31/2020
/ Anti-Corruption ,
Anti-Money Laundering ,
CFTC ,
Compliance ,
Coronavirus/COVID-19 ,
Debt Market ,
Disruptive Trading Practices ,
Economic Sanctions ,
Enforcement Actions ,
Equity Markets ,
Financial Conduct Authority (FCA) ,
France ,
Market Abuse ,
Risk Management ,
Social Distancing ,
Tax Evasion ,
UK Bribery Act ,
White Collar Crimes
President Donald Trump announced that he intends to invoke the Defense Production Act of 1950 (DPA) in response to the COVID-19 coronavirus pandemic. The DPA grants the executive branch of the federal government broad...more
3/24/2020
/ Antitrust Immunity ,
Blocked Mergers ,
CFIUS ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Foreign Investment ,
Manufacturing Facilities ,
Private Sector ,
State of Emergency ,
Supply Chain ,
Trump Administration
The outbreak of coronavirus (also known as COVID-19) is reportedly impacting global manufacturing, transportation and cross-border supply chains underpinning many aspects of international trade and commerce. Some companies...more
2/26/2020
/ Breach of Contract ,
Commercial Contracts ,
Commercial General Liability Policies ,
Contract Terms ,
Coronavirus/COVID-19 ,
Financial Contracts ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Global Economy ,
Infectious Diseases ,
Manufacturers ,
Material Adverse Effects ,
Nonperformance ,
Notice Requirements ,
Supply Chain ,
Transportation Industry
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Appeals ,
Arbitration Awards ,
Attorney General ,
Backstop Agreements ,
BEPS ,
BitLicense ,
Blockchain ,
Board of Directors ,
Bonds ,
Capital Markets ,
CFIUS ,
CFTC ,
Chapter 11 ,
Claim Preclusion ,
Class Action ,
Commercial Bankruptcy ,
Common Stock ,
Congressional Investigations & Hearings ,
Congressional Subpoenas ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation Agreement ,
Copyright ,
Corporate Governance ,
Corporate Restructuring ,
Corporate Social Responsibility ,
Corporate Taxes ,
Corwin Doctrine ,
Covenant Lite Deals ,
Creditors ,
Cross-Border Transactions ,
DACA ,
DE Supreme Court ,
Debt Financing ,
Debtors ,
Department of Justice (DOJ) ,
Dischargeable Debts ,
Disgorgement ,
Disparate Impact ,
Dodd-Frank ,
Down Rounds ,
Drug Pricing ,
EBITDA ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
Enterprise Act 2002 ,
Environmental Social & Governance (ESG) ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
FinTech ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Issuers ,
FRCP 23 ,
General Data Protection Regulation (GDPR) ,
General Elections ,
GILTI tax ,
High-Yield Markets ,
Hong Kong ,
Hong Kong Stock Exchange ,
Individual Accountability ,
Initial Public Offering (IPO) ,
Intellectual Property Litigation ,
Intercreditor Agreements ,
International Arbitration ,
International Litigation ,
IRS ,
Issue Preclusion ,
Japan ,
Joint Venture ,
Legislative Agendas ,
Life Sciences ,
Listing Rules ,
Litigation Strategies ,
Make-Whole Premium ,
Mergers ,
MFW ,
Multinationals ,
National Security ,
PCAOB ,
Pharmaceutical Industry ,
Political Parties ,
Preferred Shares ,
Private Offerings ,
Privately Held Corporations ,
Proxy Advisory Firms ,
Publicly-Traded Companies ,
Refinancing ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Separation of Powers ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Split of Authority ,
State Labor Laws ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act ,
Tax Litigation ,
Technology Sector ,
Third-Party Release Agrements ,
Transparency ,
UK ,
UK Brexit ,
Valuation ,
White Collar Crimes
The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more
1/21/2020
/ Administrative Procedure Act ,
Affirmative Defenses ,
Bostock v Clayton County Georgia ,
Breach of Duty ,
Civil Rights Act ,
Confidential Information ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright Infringement ,
Corporate Counsel ,
Cross-Border Transactions ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Disgorgement ,
Duty to Disclose ,
EEOC v RG & GR Harris Funeral Homes ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Enforcement Actions ,
Equitable Estoppel ,
Equitable Relief ,
Fair Use ,
Federal Arbitration Act ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Google ,
International Arbitration ,
Issue Preclusion ,
Java ,
Lack of Authority ,
LGBTQ ,
Liu v Securities and Exchange Commission ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Compel ,
New York Convention ,
Remand ,
Removal For-Cause ,
Rescission ,
Retirement Plans Committee of IBM v Jander ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Separation of Powers ,
Severability Doctrine ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Single Director ,
Software Developers ,
Split of Authority ,
Stock Drop Litigation ,
Subsequent Litigation ,
Title VII ,
Trump Administration ,
Vacated
Antitrust treatment of no-poach agreements continues to evolve as private cases progress, state attorneys general ramp up enforcement efforts and federal regulators further contemplate the legality of no-poach agreements....more
Legal battles over the antitrust treatment of no-poach agreements continue to escalate with new district court decisions and new pronouncements from two “titans” of antitrust policy, the Department of Justice (DOJ) and the...more
6/10/2019
/ AAI ,
American Antitrust Institute ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Dominos ,
Fast-Food Industry ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchisors ,
Hub-and-Spoke Conspiracy ,
Motion to Dismiss ,
No-Poaching ,
Per Se Rule ,
Quick Look Analysis ,
Rule-of-Reason Analysis ,
Sherman Act ,
Vertical Restraints
On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of...more
5/15/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Corporate Counsel ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Private Right of Action ,
Reversal ,
SCOTUS ,
Sherman Act ,
The Clayton Act
In April 2019, Secretary of State Mike Pompeo announced that the U.S. government would allow a private right of action, created by Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (also known as...more
5/10/2019
/ Blocking Statutes ,
Canada ,
Confiscated Property ,
Cuba ,
EU ,
Expropriation ,
FSCS ,
Helms-Burton Act ,
Personal Remittance Caps ,
Private Right of Action ,
Sanction Suspensions ,
Sanctions ,
Third-Party ,
Title III ,
Trafficking ,
Travel Restrictions ,
Treble Damages ,
Trump Administration ,
UK ,
US Department of State
The English Courts have reignited the prospects of a £14 billion class action against Mastercard.
In a much anticipated ruling, on 16 April 2019, the Court of Appeal of England and Wales (the Court) granted an appeal by...more
5/9/2019
/ Anti-Competitive ,
Appeals ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Credit Card Surcharges ,
Damages ,
European Commission ,
Interchange Fees ,
Likelihood of Success ,
Litigation Funding ,
MasterCard ,
Opt-Outs ,
UK
In early February 2019, the Department of Justice (DOJ) announced its intent to file statements of interest in multiple ongoing private lawsuits to clarify how “no-poach” agreements should be evaluated under the federal...more
3/19/2019
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Franchises ,
Hiring & Firing ,
Joint Venture ,
No-Poaching ,
Railways ,
Regulatory Oversight
In the global economy, companies increasingly interact with “international organizations,” or institutions created by treaty or other intergovernmental agreement. These include organizations that engage in economic and...more
3/7/2019
/ Absolute Immunity ,
Appeals ,
Foreign Governments ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
Immunity ,
International Litigation ,
International Organizations ,
International Organizations Immunities Act of 1945 ,
Jam v International Finance Corporation ,
Qualified Immunity ,
Reversal ,
SCOTUS ,
Statutory Interpretation
Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently co-hosted the ninth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar...more
3/5/2019
/ Acquisitions ,
Antitrust Investigations ,
Artificial Intelligence ,
AT&T ,
Bid Rigging ,
Cartels ,
Cloud Computing ,
Collusion ,
Competition ,
Consumer Protection Laws ,
Data Privacy ,
Department of Justice (DOJ) ,
Digital Marketplace ,
EU ,
Federal Trade Commission (FTC) ,
FRAND ,
Innovation ,
Merger Controls ,
Mergers ,
Monopolization ,
No-Poaching ,
Online Platforms ,
Qualcomm ,
Reputational Injury ,
Social Media ,
Technology Sector ,
Time Warner ,
Vertical Mergers
Evolving antitrust treatment of so-called “no-poach” agreements continues to offer important guidance for company counsel and human resources professionals. Over the past two years, the Department of Justice (DOJ) has...more
2/12/2019
/ Antitrust Violations ,
Corporate Counsel ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fast-Food Industry ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Horizontal Restraint ,
Hub-and-Spoke Conspiracy ,
No-Poaching ,
Pleading Standards ,
Rule-of-Reason Analysis ,
Sherman Act ,
Universities
Much of the attention on the U.S. Supreme Court in the 2018-19 term has concerned its composition or its handling of cases involving some of the signature initiatives of President Donald Trump’s administration. Less noticed...more
1/18/2019
/ Acquisitions ,
Antitrust Standing ,
Apple Inc v Pepper ,
Arbitration Agreements ,
Auer Deference ,
Certiorari ,
Class Action ,
Class Arbitration ,
Class Certification ,
Cy Pres Funds ,
Decertification ,
Direct Purchasers ,
Employment Contract ,
Emulex Corp. v Varjabedian ,
Equitable Exceptions ,
Exemptions ,
Federal Arbitration Act ,
First Amendment ,
Frank v Gaos ,
FRCP 23 ,
FRCP 23(e)(2) ,
FRCP 23(f) ,
Henry Schein Inc v Archer and White Sales Inc ,
Iancu v. Brunetti ,
Independent Contractors ,
iPhone ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Lanham Act ,
Lorenzo v SEC ,
Matal v Tam ,
Material Misstatements ,
Mergers ,
New Prime v Oliveira ,
Nutraceutical Corp v Lambert ,
Omissions ,
Private Right of Action ,
Question of Arbitrability ,
Rule 10b-5 ,
Scandalous/Immoral Marks ,
SCOTUS ,
Shareholder Litigation ,
SIFMA ,
Standard of Review ,
Trademarks
On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more
10/23/2018
/ Air and Liquid Systems Corp et al v Devries et al ,
America Invents Act ,
Antitrust Litigation ,
Apple Inc v Pepper ,
Arbitrators ,
Atomic Energy Act ,
Business Litigation ,
Causation ,
Class Action ,
Class Arbitration ,
Class Certification ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Corporate Counsel ,
Cy Pres Funds ,
Equitable Tolling ,
False Statements ,
Federal Arbitration Act ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreseeability ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Frank v Gaos ,
FRCP 23(f) ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
International Litigation ,
Jam v International Finance Corporation ,
Janus Capital Group Inc v First Derivative Traders ,
Lamps Plus Inc v Varela ,
New Prime v Oliveira ,
Nutraceutical Corp v Lambert ,
On-Sale Bar ,
Popular ,
Preemption ,
Product Defects ,
Republic of Sudan v Harrison ,
Right To Appeal ,
Rule 10b-5 ,
SCOTUS ,
Securities Fraud ,
Service of Process ,
Settlement Agreements ,
Sovereign Immunity ,
Split of Authority ,
Standing ,
Virginia Uranium Inc v Warren
On June 25, 2018, in Ohio v. American Express Co., the U.S. Supreme Court affirmed the decision of the U.S. Court of Appeals for the Second Circuit and held that American Express’ “anti-steering rules”...more
6/27/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more
1/29/2018
/ Administrative Law Judge (ALJ) ,
Alien Tort Statute ,
America Invents Act ,
Anti-Commandeering ,
Appointments Clause ,
Arbitration Agreements ,
Benisek v Lamone ,
Carpenter v US ,
Cell Phones ,
China Agritech Inc v Resh ,
Christie v NCAA ,
Class Action ,
Class Action Arbitration Waivers ,
Constitutional Challenges ,
Corporate Counsel ,
Corporate Liability ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employment Contract ,
Ernst & Young v Morris ,
Extraterritoriality Rules ,
Federal Arbitration Act ,
Federal Pleading Requirements ,
First Amendment ,
Fourth Amendment ,
Free Speech ,
Gerrymandering ,
Gill v Whitford ,
Inter Partes Review (IPR) Proceeding ,
Janus v AFSCME ,
Jesner et al. v. Arab Bank ,
Lucia v SEC ,
Murphy Oil v NLRB ,
NLRA ,
Oil States Energy Services v Greene's Energy Group ,
PASPA ,
Patent Trial and Appeal Board ,
PLSRA ,
Right to a Jury ,
SCOTUS ,
Search & Seizure ,
Securities Litigation ,
Sixth Amendment ,
SLUSA ,
Sports Gambling ,
States Rights ,
Statute of Limitations ,
Tenth Amendment ,
Third-Party Relationships ,
Tolling ,
Union Dues ,
USPTO ,
Warrantless Searches ,
Whistleblowers ,
Young Lawyers
Tax reform, shifting international dynamics, Trump administration goals and a potentially strong market for transactions all seem likely to impact business activity in 2018. Below are 10 areas to explore in our 10th annual...more
1/23/2018
/ #MeToo ,
Acquisitions ,
China ,
Class Action ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Cybersecurity ,
Enforcement Actions ,
EU ,
Financial Regulatory Reform ,
Mergers ,
National Security ,
Regulatory Reform ,
Securities Litigation ,
Tax Reform ,
Trade Secrets ,
Trump Administration ,
UK Brexit