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Quarterly Edition

Insights – June 2026

In this edition of Skadden’s quarterly thought leadership publication, we examine the deal terms being structured to align parties’ interests in acquisitions of founder-led brands, an increased openness to merger remedies globally and the importance of managing cybersecurity risks stemming from powerful next-generation AI tools, among other topics.
Skadden Insights – June 2026

AI-Enabled Vulnerability Discovery: What Next-Gen Tools Mean for the Management of Cybersecurity Risk

With the emergence of AI tools that can identify and exploit serious software vulnerabilities on a scale and timeline previously unheard of, regulators, customers and counterparties expect businesses to be increasingly vigilant. That makes it essential that companies reexamine their protocols and defenses.
Skadden Insights – June 2026

Beyond Divestitures: The Global Shift Toward More Flexible Merger Remedies

Antitrust authorities around the globe have shown increased openness to merger remedies, including behavioral ones. Companies pursuing complex cross-border transactions should consider preparing remedy strategies early and devising a consistent advocacy narrative, with jurisdiction-specific tailoring if necessary.
Skadden Insights – June 2026

Federal Tax Credits Play a Key Role in Wind and Solar ‘Mega Projects’ as the Market Also Engages With Other Technologies

Wind and solar mega projects continue to be developed, but with the long-term outlook for wind and solar federal tax credits dimming, lenders and investors seeking additional investment opportunities are exploring other technologies that will remain eligible for tax credits and are expected to attract increasing investment in the coming years.
  • Insights – June 2026
  • AI-Enabled Vulnerability Discovery: What Next-Gen Tools Mean for the Management of Cybersecurity Risk
  • Beyond Divestitures: The Global Shift Toward More Flexible Merger Remedies
  • Federal Tax Credits Play a Key Role in Wind and Solar ‘Mega Projects’ as the Market Also Engages With Other Technologies
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FTC Proposes Enforcement Policy Statement on Personalized Pricing

On August 19, 2026, the FTC issued a proposed enforcement policy statement outlining its intent to enforce Section 5 of the FTC Act against personalized pricing practices that the agency deems deceptive or unfair.
FTC Proposes Enforcement Policy Statement on Personalized Pricing

Delaware Court of Chancery Dismisses Caremark Board Oversight Claim Against Boeing

In a recent decision involving Caremark claims against the directors and officers of Boeing, the Delaware Court of Chancery reaffirmed that pleading a bad faith claim remains difficult, even in the aftermath of headline-grabbing events.
Delaware Court of Chancery Dismisses Caremark Board Oversight Claim Against Boeing
On August 19, 2026, the FTC issued a proposed enforcement policy statement outlining its intent to enforce Section 5 of the FTC Act against personalized pricing practices that the agency deems deceptive or unfair.
FTC Proposes Enforcement Policy Statement on Personalized Pricing
In a recent decision involving Caremark claims against the directors and officers of Boeing, the Delaware Court of Chancery reaffirmed that pleading a bad faith claim remains difficult, even in the aftermath of headline-grabbing events.
Delaware Court of Chancery Dismisses Caremark Board Oversight Claim Against Boeing
The SEC’s proposed “Regulation Crypto Assets” would provide a framework for issuers that satisfy its exemptions’ requirements to innovate and develop crypto assets and projects and would offer a safe harbor from the definition of an investment contract. The proposed rule is subject to public comment and, if approved by the SEC, its final language may differ from what it has proposed.
SEC’s Regulation Crypto Assets Is a Major Step Toward Clarity
The Bank of England and FCA have published policy statements outlining the UK’s plans for regulating stablecoins: The UK is establishing a two-tier approach for systemic and nonsystemic stablecoins, with enhanced regulation for systemic stablecoins. Issuers will need a framework to secure and safeguard backing assets, enable timely redemption, restrict remuneration and demonstrate transparency through specific disclosure.
As the UK Finalises Its Regulatory Framework for Stablecoins, How Does It Compare Globally?

SEC’s Regulation Crypto Assets Is a Major Step Toward Clarity

The SEC’s proposed “Regulation Crypto Assets” would provide a framework for issuers that satisfy its exemptions’ requirements to innovate and develop crypto assets and projects and would offer a safe harbor from the definition of an investment contract. The proposed rule is subject to public comment and, if approved by the SEC, its final language may differ from what it has proposed.
SEC’s Regulation Crypto Assets Is a Major Step Toward Clarity

As the UK Finalises Its Regulatory Framework for Stablecoins, How Does It Compare Globally?

The Bank of England and FCA have published policy statements outlining the UK’s plans for regulating stablecoins: The UK is establishing a two-tier approach for systemic and nonsystemic stablecoins, with enhanced regulation for systemic stablecoins. Issuers will need a framework to secure and safeguard backing assets, enable timely redemption, restrict remuneration and demonstrate transparency through specific disclosure.
As the UK Finalises Its Regulatory Framework for Stablecoins, How Does It Compare Globally?
Insights – June 2026
In this edition of Skadden’s quarterly thought leadership publication, we examine the deal terms being structured to align parties’ interests in acquisitions of founder-led brands, an increased openness to merger remedies globally and the importance of managing cybersecurity risks stemming from powerful next-generation AI tools, among other topics.

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