As board members, you’ve likely heard conflicting messages about artificial intelligence (AI) regulation in the U.S. Some claim that AI is simply not regulated in the U.S. The truth is more nuanced, and more immediately...more
2/26/2026
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Board of Directors ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Governance ,
Emerging Technologies ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
In a few short years, artificial intelligence (AI) has become central to innovations in industries as diverse as medical research and entertainment, and it has become the defining motivation for many of the policies driving...more
1/20/2026
/ Artificial Intelligence ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Enforcement Actions ,
Executive Orders ,
Government Agencies ,
Legislative Committees ,
Minors ,
New Legislation ,
Popular ,
Preemption ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government ,
State Attorneys General ,
Trump Administration
Clients and Friends, As the new year begins, we’re excited to share our 2026 Insights. This issue is packed with analysis and forward-looking commentary on some of the key topics we see shaping the global business landscape....more
1/20/2026
/ Acquisition Agreements ,
Artificial Intelligence ,
Capital Markets ,
Digital Assets ,
Emerging Technologies ,
Innovation ,
Life Sciences ,
Litigation Strategies ,
Merger Agreements ,
Regulatory Oversight ,
Securities Regulation ,
Tokenization
On December 11, 2025, President Donald Trump signed an executive order (EO), “Establishing a National Framework for Artificial Intelligence,” meant to create a “minimally burdensome” unified regulatory approach to sustain and...more
12/15/2025
/ Artificial Intelligence ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Executive Orders ,
FCC ,
Federal Funding ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Machine Learning ,
Preemption ,
Regulatory Reform ,
State and Local Government ,
Trump Administration ,
U.S. Commerce Department
On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53 (SB 53), known as the Transparency in Frontier Artificial Intelligence Act (TFAIA). This landmark legislation establishes the nation’s...more
10/3/2025
/ Artificial Intelligence ,
California ,
Compliance ,
Cybersecurity ,
Disclosure Requirements ,
New Legislation ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
State and Local Government ,
Whistleblowers
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Parliament's report on whether and how the use of blockchain technology can comply with the General Data Protection Regulation, as well as...more
9/5/2019
/ Blockchain ,
Consumer Protection Laws ,
Cyber Policies ,
Cybersecurity ,
Data Protection ,
Data Security ,
EU ,
European Parliament ,
False Claims Act (FCA) ,
Federal Contractors ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Misrepresentation ,
NAIC ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Security Risk Assessments ,
Settlement ,
State Data Breach Notification Statutes ,
State Insurance Administrations ,
Whistleblower Awards ,
Whistleblowers
In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more
8/2/2019
/ Article III ,
Biometric Information ,
Consumer Protection Laws ,
Cookies ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Debit and Credit Card Transactions ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Malware ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Search Results ,
Settlement ,
Spokeo v Robins ,
Standing ,
State and Local Government ,
State Data Breach Notification Statutes ,
UK
In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more
7/2/2019
/ Appeals ,
Business Associates ,
Consumer Privacy Rights ,
Credit Cards ,
Cybersecurity ,
Data Breach ,
Data Sellers ,
Dish Network ,
EU Cybersecurity Act ,
European Council ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet Service Providers (ISPs) ,
Liability ,
Merchant Fees ,
Opt-Outs ,
Payment Processors ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes ,
TCPA
On March 19, 2019, the European Union adopted a regulation for the screening of foreign direct investments into the EU (the Regulation). The Regulation sets forth national security factors that EU member states (Member...more
7/1/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Direct Investment ,
Member State ,
National Security ,
New Regulations ,
Screening Procedures ,
Sensitive Business Information ,
Transitional Arrangements ,
UK Brexit
On May 6, 2019, Skadden hosted the Cross-Border M&A Conference 2019, titled “Developments and Trends in US and Japanese M&A.” Key takeaways from the two panel discussions are summarized below....more
6/4/2019
/ Acquisitions ,
Appeals ,
Business Judgment Rule ,
CFIUS ,
FIRRMA ,
Foreign Acquisitions ,
Global Dealmaking ,
Japan ,
Mergers ,
Representations and Warranties ,
Shareholder Activism ,
Shareholder Litigation ,
United States
In this month's edition of our Privacy & Cybersecurity Update, we examine expanded data breach notification laws in New Jersey and Washington state, as well as the SEC's risk alert regarding cloud-based storage solutions. We...more
6/3/2019
/ Amended Rules ,
Annual Reports ,
Cloud Storage ,
Cybersecurity ,
Data Breach ,
Data Protection Authority ,
Data Security ,
Federal Trade Commission (FTC) ,
Finland ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
State Data Breach Notification Statutes ,
UK
The Trump administration has announced two initiatives aimed at addressing U.S. national security risks arising from the use of non-U.S. technology generally, with a particular focus on the Chinese telecommunications...more
In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more
5/1/2019
/ Broker-Dealer ,
Canada ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cyber Policies ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Denial of Insurance Coverage ,
Designated Contract Markets (DCMs) ,
ENISA ,
Equifax ,
EU ,
Fines ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Hackers ,
Investment Adviser ,
NCSC ,
OCIE ,
PIPEDA ,
Popular ,
Privacy Comissioners ,
Privacy Laws ,
Privacy Policy ,
Putative Class Actions ,
Regulation S-P ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Surveys ,
TCPA ,
UK ,
UK Data Protection Act ,
UK ICO ,
Unsolicited Faxes
On March 28, 2019, the Oversight Board of the United Kingdom’s Huawei Cyber Security Evaluation Centre (HCSEC) released a report identifying “serious and systematic defects in Huawei’s software engineering and cyber security...more
4/17/2019
/ Annual Reports ,
CFIUS ,
China ,
Corporate Counsel ,
Cyber Threats ,
Cybersecurity ,
Exports ,
HCSEC ,
National Security ,
Oversight Committee ,
Popular ,
Risk Assessment ,
Risk Mitigation ,
Software Developers ,
Telecommunications ,
UK
In this month's edition of our Privacy & Cybersecurity Update, we examine new cybersecurity legislation in California and Massachusetts, the British government's updates to its cybersecurity laws in anticipation of Brexit and...more
4/2/2019
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Class Certification ,
Credit Reporting Agencies ,
Credit Reports ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Popular ,
Privacy Laws ,
Public Comment ,
State Data Breach Notification Statutes ,
Thailand ,
UK ,
UK Brexit
In this month's edition, we examine a judge's ruling allowing an investor suit against Equifax, the dismissal of a class action against the insurer CareFirst and President Donald Trump's launch of a federal artificial...more
3/4/2019
/ Artificial Intelligence ,
Class Action ,
Cybersecurity ,
Data Breach ,
Department of Financial Services ,
Dismissals ,
Equifax ,
Facebook ,
Federal Cartel Offices ,
Federal Data Privacy ,
GAO ,
Germany ,
Investors ,
NAIC ,
NYDFS ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Trump Administration ,
User-Generated Content
As a reminder, entities covered by the New York State Department of Financial Services’ (NYSDFS) Cybersecurity Regulations (23 NYCRR Part 500) (Cybersecurity Regulations) are required to submit their annual certification of...more
In this month's edition, we examine cybersecurity-related state Supreme Court rulings in Pennsylvania, Vermont and Illinois; the Department of Health and Human Services' cybersecurity guidelines for the health care industry;...more
2/2/2019
/ Actual Injuries ,
Adequacy Requirement ,
Annual Reports ,
Attorney General ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Common Law Claims ,
Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection Acts ,
Data Protection Authority ,
Denial of Insurance Coverage ,
Department of Health and Human Services (HHS) ,
Employee Privacy Rights ,
EU ,
EU-US Privacy Shield ,
IL Supreme Court ,
Japan ,
Neiman Marcus ,
New Guidance ,
PA Supreme Court ,
Phishing Scams ,
Policy Exclusions ,
Public Hearing ,
Security Standards ,
Settlement ,
State Attorneys General ,
Statutory Rights ,
VT Supreme Court
Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more
1/21/2019
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
NDAA ,
Notice of Proposed Rulemaking (NOPR) ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Burden ,
Tariffs ,
Technology Sector ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department
As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more
1/15/2019
/ CFIUS ,
Corporate Counsel ,
Cross-Border Transactions ,
Delays ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Shutdown ,
Mandatory Declarations ,
National Security ,
National Security Review Proceedings ,
Time Extensions ,
Trump Administration ,
U.S. Treasury
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more
1/7/2019
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Appeals ,
Attorney-Client Privilege ,
Brazil ,
Bribery ,
BSA/AML ,
China ,
Corporate Counsel ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Investigations ,
Cross-Border ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection Acts ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Exports ,
Extraterritoriality Rules ,
FATCA ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Forex ,
France ,
Government Investigations ,
Guilty Pleas ,
Hackers ,
Imports ,
International Litigation ,
Iran ,
Legal Professional Privilege ,
Libor ,
Litigation Privilege ,
Market Manipulation ,
Money Laundering ,
Multi-Jurisdictional Litigation ,
Multinationals ,
NYDFS ,
Privileged Communication ,
Russia ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
SFO ,
Spoofing ,
Tax Fraud ,
Traders ,
UK ,
Unexplained Wealth Orders (UWOs) ,
United Arab Emirates (UAE) ,
Yates Memorandum
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's second annual review of the Privacy Shield and the Department of Commerce's guidance on how to comply with the Privacy Shield...more
1/4/2019
/ Artificial Intelligence ,
Banking Sector ,
Cybersecurity ,
Data Protection ,
Data Protection Commissioner ,
Ethics ,
EU ,
EU-US Privacy Shield ,
European Central Bank ,
European Commission ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Identity Theft ,
Payment Systems ,
Popular ,
Privacy Policy ,
Proposed Amendments ,
Public Comment ,
Security Risk Assessments ,
U.S. Commerce Department ,
UK Brexit
In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield, a new lawsuit from a snack food...more
12/5/2018
/ Administrative Review ,
Artificial Intelligence ,
Banks ,
Cyber Attacks ,
Cyber Lexicon ,
Cybersecurity ,
Data Protection ,
Data Protection Officers (DPOs) ,
Denial of Insurance Coverage ,
EDPS ,
Ethics ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
Financial Institutions ,
Financial Stability Board ,
FSB ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Insurance Litigation ,
Malware ,
Personal Data ,
Policy Exclusions ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Property Insurance ,
Ransomware ,
Secretary of Commerce
On November 19, 2018, the Bureau of Industry and Security, U.S. Department of Commerce (BIS) published an advance notice of proposed rulemaking (ANPRM) soliciting comments on the criteria to be used to identify emerging...more
11/20/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Analytics ,
Arms Embargo ,
Artificial Intelligence ,
Automation Systems ,
Biotechnology ,
Bureau of Industry and Security (BIS) ,
Department of Defense (DOD) ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Intelligence Services ,
Military Goods ,
NDAA ,
Public Comment ,
Robotics ,
Software ,
Technology ,
U.S. Commerce Department ,
US Department of State
In August 2018, President Donald Trump signed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly reformed national security reviews by the Committee on Foreign Investment in the United...more
11/1/2018
/ Advisory Board ,
CFIUS ,
Exemptions ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Fund Managers ,
General Partner ,
Indirect Investors ,
Investment Companies ,
Mandatory Declarations ,
National Security ,
Non-Controlling Interests ,
Trump Administration