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The Informed Board

The Informed Board – Summer 2025

Managing political risk now entails more than planning for the next election, the latest Informed Board podcast explains, and our articles discuss the rise in “Vote No” campaigns, overlooked business opportunities in AI and how to decide whether to hold crypto on your balance sheet.

 

Quarterly Edition

Insights – June 2025

In this edition of Skadden’s quarterly Insights, we take a closer look at M&A in the artificial intelligence and defense sectors, U.S. Senate and House tax proposals, the impact of tariffs on commercial contracts, and global trends in the regulation and use of digital assets.
Publication

Insights: The Delaware Edition

In this issue, we recap significant developments in the Delaware courts affecting corporations, their boards and managements.

Executive Briefing

Latest Updates on the Trump Administration

As Trump administration directives emerge, businesses and stakeholders must stay informed and adapt. Our Trump Executive Actions Advisory Group provides ongoing coverage and analysis of these developments.
Executive Briefing

Trump Administration Regulatory Litigation Tracker

Our Trump Administration Regulatory Litigation Tracker briefly summarizes litigation over major executive actions of the new administration that are relevant to business, with links to key source documents such as presidential executive orders, complaints, briefs and court decisions.
  • The Informed Board – Summer 2025
  • Insights – June 2025
  • Insights: The Delaware Edition
  • Latest Updates on the Trump Administration
  • Trump Administration Regulatory Litigation Tracker
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Lessons From the Silicon Valley Bank Chapter 11

A June 2024 court decision in the Silicon Valley Bank Chapter 11 emphasizes the importance of directors, officers and other stakeholders proactively evaluating potential claims against a debtor and taking necessary protective measures to safeguard their rights.
Lessons From the Silicon Valley Bank Chapter 11: Preserving Indemnification and Contribution Rights

EU Court Upholds EU-US Data Flows in Latombe v Commission

On September 3, 2025, the European General Court confirmed the validity of the European Commission’s 2023 adequacy decision for the US. Although the General Court decision provides some breathing room for companies, further litigation is likely and companies should stay vigilant.
EU Court Upholds EU-US Data Flows in Latombe v Commission
A June 2024 court decision in the Silicon Valley Bank Chapter 11 emphasizes the importance of directors, officers and other stakeholders proactively evaluating potential claims against a debtor and taking necessary protective measures to safeguard their rights.
Lessons From the Silicon Valley Bank Chapter 11: Preserving Indemnification and Contribution Rights
On September 3, 2025, the European General Court confirmed the validity of the European Commission’s 2023 adequacy decision for the US. Although the General Court decision provides some breathing room for companies, further litigation is likely and companies should stay vigilant.
EU Court Upholds EU-US Data Flows in Latombe v Commission
The Second Circuit held in Frazier v. X Corp. that a court cannot order a party to pay fees in an ongoing arbitration, dealing a blow to mass arbitration claimants’ counsel seeking to coerce windfall settlements by leveraging fee threats.  
Second Circuit Holds That the Federal Arbitration Act Does Not Authorize a Court To Compel a Party To Pay Arbitration Fees in an Ongoing Arbitration
The U.S. FTC recently issued letters to tech companies signaling a potential clash between U.S. and European cybersecurity and data privacy laws, including the EU Digital Services Act, the U.K. Online Safety Act and Section 5 of the U.S. FTC Act.
FTC Chair Warns Tech Firms: Weakening Encryption or Censoring Americans for Foreign Governments May Violate US Law

Second Circuit Holds That the Federal Arbitration Act Does Not Authorize a Court To Compel a Party To Pay Arbitration Fees in an Ongoing Arbitration

The Second Circuit held in Frazier v. X Corp. that a court cannot order a party to pay fees in an ongoing arbitration, dealing a blow to mass arbitration claimants’ counsel seeking to coerce windfall settlements by leveraging fee threats.  
Second Circuit Holds That the Federal Arbitration Act Does Not Authorize a Court To Compel a Party To Pay Arbitration Fees in an Ongoing Arbitration

FTC Chair Warns Tech Firms: Weakening Encryption or Censoring Americans for Foreign Governments May Violate US Law

The U.S. FTC recently issued letters to tech companies signaling a potential clash between U.S. and European cybersecurity and data privacy laws, including the EU Digital Services Act, the U.K. Online Safety Act and Section 5 of the U.S. FTC Act.
FTC Chair Warns Tech Firms: Weakening Encryption or Censoring Americans for Foreign Governments May Violate US Law
Insights – June 2025
In this edition of Skadden’s quarterly Insights, we take a closer look at M&A in the artificial intelligence and defense sectors, U.S. Senate and House tax proposals, the impact of tariffs on commercial contracts, and global trends in the regulation and use of digital assets.

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Key Takeaways From Recent Events

  • President Trump’s First 100 Days: Impacts and Projections
    May 7, 2025
  • Delaware Corporate Law: Recent Trends and Developments
    February 17, 2025
  • Crypto-assets: Opportunities in the New Regulatory Climate
    February 13, 2025
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