Latest From Skadden

  • Second Circuit Sets Standard for Disclosure of Interim Financial Results in Offering Documents
    Skadden, Arps, Slate, Meagher & Flom LLP
    Jay B. Kasner, Scott D. Musoff
    On June 21, 2017, the U.S. Court of Appeals for the Second Circuit issued a ruling that sets the standard for determining whether to disclose interim financial documents in a prospectus. A decision of first impression for the Second Circuit, the opinion also makes clear that risk warnings can satisfy an issuer's affirmative obligation to disclose a negative trend. For companies assessing the potential disclosure of interim financial results in offering documents, this decision reinforces the need to assess the results holistically, taking into account the various financial metrics that reflect the issuer's unique circumstances.
  • Proxy Access: Highlights of the 2017 Proxy Season
    Skadden, Arps, Slate, Meagher & Flom LLP
    Marc S. Gerber
    Investor interest in proxy access remains strong as the 2017 proxy season comes to a close. Most of the companies adopting proxy access in the second half of 2017 and into 2018 will be large-cap companies, and the percentage of S&P 500 companies with proxy access will likely exceed 75 or 80 percent by early 2018.
  • Anti-Corruption Diligence in the M&A Context
    Skadden, Arps, Slate, Meagher & Flom LLP
    Brian W. Duwe, Charles F. Smith, Hans Biebl, Martin V. Sinclair, Jr.
    Anti-corruption deal diligence should be considered at various stages for a successful merger or acquisition.