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Past the Tipping Point: International Cooperation in Cross-Border Investigations

2015 | International Comparative Legal Guide to: Business Crime 2015 | Ryan D. Junck

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Business Crime 2015; published by Global Legal Group Ltd., London.


2014 | The International Comparative Legal Guide to: Business Crime | Gary DiBianco, Gary A. Rubin

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Business Crime; published by Global Legal Group Ltd, London.

United States

2015 | Getting the Deal Through: Government Investigations | David M. Zornow, Jocelyn E. Strauber

DOJ Antitrust Action Condemns Pre-Merger Coordination Requiring Target Company to Sell Factory

November 25, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Clifford H. Aronson, Matthew P. Hendrickson, Kenneth B. Schwartz

On November 7, the DOJ announced a $5 million agreement to settle charges that two manufacturers of building materials, Flakeboard and SierraPine, engaged in unlawful pre-merger coordination. The action is especially noteworthy in that it condemns, as per se illegal under the Sherman Act, the actions the companies took in connection with a merger agreement provision requiring the target company to close one of the facilities being sold prior to closing the deal. 

MSRB Proposes Amendments Establishing Municipal Advisor Professional and Supervisory Qualification Requirements

November 25, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Kenneth A. Gross, Ki P. Hong, Matthew Bobys, Melissa L. Miles, Patricia M. Zweibel, Rachel L. Applestein, Shayla K. Parker, Charles M. Ricciardelli, Tyler Rosen, Tanya Sehgal

On November 19, the MSRB announced that it submitted proposed amendments to the MSRB rules establishing professional and supervisory qualification requirements for municipal advisors and their associated persons. The proposed amendments largely mirror the MSRB's draft professional qualification requirements; the more notable changes include (1) municipal advisor principals must first pass the municipal advisor representative examination, and (2) the MSRB will consider a waiver of the examination requirement under specified circumstances.

2015 Compensation Committee Handbook

2015 | Skadden, Arps, Slate, Meagher & Flom LLP | Neil M. Leff, Regina Olshan, Erica Schohn, Joseph M. Yaffe, Michael R. Bergmann, Kristin M. Davis, Berit R. Freeman, Barbara R. Mirza, Alessandra K. Murata, Timothy F. Nelson

The Executive Compensation and Benefits Group at Skadden, Arps, Slate, Meagher & Flom LLP is pleased to provide you with this first edition of its Compensation Committee Handbook, which is focused principally on companies traded on the NYSE and Nasdaq (though many of the matters discussed have broader application). The Handbook is intended to help compensation committee members understand and comply with the duties imposed upon them, and we believe it will also be a useful resource for compensation committee advisers.

Title II or Bust: The FCC Wrestles With Net Neutrality

November 19, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Ivan A. Schlager, John M. Beahn, Joshua F. Gruenspecht, David H. Pawlik

Several recent developments have impacted the FCC’s ongoing proceeding regarding network neutrality. Perhaps most significantly, earlier this month President Barack Obama publicly endorsed a controversial approach to implement net neutrality regulations. Whether or not the FCC ultimately will implement this plan is uncertain; however, the legal debates over net neutrality issues are sure to continue for some time, both at the FCC and beyond.

U.S. v. Novartis: Reaffirming the Importance of Updating and Adhering to Corporate Policies

November 18, 2014 | Skadden, Arps, Slate, Meagher & Flom LLP | Michael K. Loucks, Matthew J. Matule, Alexandra M. Gorman, Sara J. van Vliet

A recent decision in a false claims act case, United States ex rel. Bilotta v. Novartis Pharmaceuticals Corporation, reaffirms the importance of policing employee adherence to corporate policies and industry codes. Although this decision involves a pharmaceutical company, its potential implications extend far beyond the health care industry and should be considered by corporations in all regulated industries.