The inbound M&A landscape in India has been experiencing a significant surge of global interest over the past couple of years. While M&A activity globally has cooled, India has emerged as a destination of choice for companies...more
8/13/2024
/ Acquisitions ,
Antitrust Division ,
Capital Markets ,
Competition ,
Cross-Border ,
Foreign Exchanges ,
India ,
Investment ,
Investment Management ,
Investors ,
Mergers ,
Regulatory Agenda ,
Regulatory Reform ,
Securities Regulation ,
Taxation
The accelerated development of artificial intelligence (AI) has shown the transformative potential of the technology across industries, making it an integral part of strategic planning for market participants, from technology...more
6/25/2024
/ Acquisitions ,
Artificial Intelligence ,
Data Protection ,
Due Diligence ,
Indemnity ,
Intellectual Property Protection ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Privacy Laws ,
Representations and Warranties ,
Technology Sector
In this issue, we discuss recent Delaware court developments regarding officer liability, who can recover “lost-premium” damages, and trends in books and records actions, among other topics....more
12/27/2023
/ Board of Directors ,
Books & Records ,
Corporate Governance ,
Corporate Misconduct ,
Corporate Officers ,
Delaware General Corporation Law ,
Fiduciary Duty ,
Misappropriation ,
Section 220 Request ,
Shareholder Litigation ,
Shareholders ,
Trade Secrets
Sometimes when a board is considering a strategic transaction, it may find that a key figure who can influence the deal process — for example, a founder, controller or CEO-negotiator — has a potential conflict of interest....more
11/10/2023
/ Acquisitions ,
Board of Directors ,
Capital Markets ,
Conflicts of Interest ,
Corporate Governance ,
Information Sharing ,
Internal Investigations ,
IRS ,
Merger Controls ,
Mergers ,
Partnerships ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Wealth Tax
Boards routinely confront an array of difficult issues. In this issue of The Informed Board, we tackle four of the thorniest and most topical:
- How to preserve the integrity of a deal process where a key fiduciary (say,...more
11/9/2023
/ Acquisitions ,
Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Information Sharing ,
Internal Investigations ,
Investment ,
Investors ,
IRS ,
Merger Controls ,
Mergers ,
Partnerships ,
Shareholders ,
Wealth Tax
Board minutes are an essential part of a company’s internal record keeping. But they are more than a routine, formal exercise. They also play a pivotal role in stockholder litigation. As a contemporaneous record, plaintiff...more
The proliferation of U.S. sanctions and other regulations affecting cross-border transactions has implications for directors, who may be personally liable for violations in some cases. Meanwhile, the Securities and Exchange...more
12/9/2022
/ Anti-Monopoly ,
Board Meetings ,
Board of Directors ,
China ,
Competition ,
Compliance ,
Corporate Counsel ,
Corporate Entities ,
Corporate Governance ,
Corporate Minutes ,
Corporate Officers ,
Cybersecurity ,
Disclosure ,
Documentation ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Exports ,
Financial Fraud ,
Financial Reporting ,
Foreign Policy ,
Joint Venture ,
Market Abuse ,
Merger Controls ,
Money Laundering ,
Non-GAAP Financial Measures ,
Revenue ,
Securities and Exchange Commission (SEC) ,
State Administration for Market Regulation (SAMR) ,
US Trade Policies
Takeaways -
The record level of M&A in 2021 was widely dispersed across industries and was driven by the strategic needs of companies to add technology and adapt to the pandemic, and was supported by strong...more
The 10 most common client misconceptions about the attorney-client privilege -
Protecting corporate confidences has become more challenging in the COVID-19 world, as directors and executives work from home and other...more
To capitalize on the promise of artificial intelligence and alternative data, boards need to anticipate and mitigate various risks.
Takeaways
- Hidden biases need to be prevented.
- Neither regulators nor the public will...more
After nearly a decade of growth, global M&A activity in the first quarter of 2020 was down 39.1% by deal value year over year — comparable to levels seen in the first quarter of 2008, in the midst of the financial crisis. The...more
In a webinar held on 10 December 2020, Skadden partners Sonia Nijjar, Simon Toms and Ingrid Vandenborre were joined by Charles River Associates (CRA) Senior Adviser and Deputy Chair of the Bank of England’s Enforcement...more
1/15/2021
/ Acquisitions ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Mergers ,
Regulatory Oversight ,
Startups ,
UK Competition and Markets Authority (CMA)