"The Dodd-Frank Act: Commentary"

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SEC Enforcement in the Second Term of the Obama Administration

January 23, 2013 | Skadden, Arps, Slate, Meagher & Flom LLP | Andrew M. Lawrence, Colleen P. Mahoney, Erich T. Schwartz, Charles F. (Chuck) Smith, Charles F. Walker, Joshua A. Ellis

At the beginning of the first Obama administration, the United States Securities and Exchange Commission (SEC or the Commission) was an agency on the ropes, with some knowledgeable observers even speculating that it might not survive the revision to the financial regulatory apparatus that was...

2013 <i>Insights</i>: Governance

January 2013 | Skadden's 2013 Insights | Marc S. Gerber, Regina Olshan

Say-on-pay has contributed to an environment where shareholder engagement is an increasingly critical component of corporate governance. In this section, we take a broad look at the corporate governance landscape to review the new dynamics in shareholder engagement and the governance themes likely...

2013 <i>Insights</i>: Capital Markets

2012 was a robust year for both the U.S. leveraged loan and high-yield markets, including record-breaking deal volume for the latter. These conditions provided fertile ground for borrowers and issuers in U.S. markets to fund significant numbers of dividend recaps and achieve structures and terms...

2013 <i>Insights</i>: Global Litigation

January 2013 | Skadden's 2013 Insights |

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation landscape in 2013. The U.S. Supreme Court is poised to rule on numerous cases...

2013 <i>Insights</i>: Corporate Restructuring

The global reach of capital markets, financial difficulties in the eurozone and the multinational nature of many businesses and financial institutions have increased the importance of understanding legal, business and other risks associated with distressed investments in non-U.S. companies....

2013 <i>Insights</i>: Financial Regulation

In the U.S., Europe and Asia, 2012 saw measured progress in the implementation of recent regulatory reforms, the Basel capital rules, the deleveraging of the financial services firms and deliberations about the role of financial supervision, in the midst of a halting recovery from the financial...

Executive Compensation and Benefits Alert: Annual Meeting Litigation: How to Prepare

As the 2013 proxy season is now underway, companies should be aware of the recent wave of lawsuits alleging breaches of fiduciary duties by management and directors in connection with compensation-related decisions. These suits allege deficient disclosure with respect to compensation-related proxy...

CFTC Issues Final Exemptive Order on Cross-Border Application of Certain Swap Regulations

January 11, 2013 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Theodore M. Kneller

Swaps trade in a global market. Title VII of the Dodd-Frank Act amended the Commodity Exchange Act (CEA) to impose a panoply of regulation on the swaps market mostly through regulations adopted by the Commodity Futures Trading Commission (CFTC). In Dodd-Frank, Congress expressed its intent to have...

2013 Insights

January 2013 | Skadden's 2013 Insights

We are pleased to provide a collection of commentaries on the critical legal issues facing our clients in 2013. There is hope that global economic and market conditions will continue to improve despite ongoing challenges. Lingering discord in the wake of the U.S. fiscal cliff negotiations, the mire...

ISDA Dodd-Frank Protocol Update: CFTC Delays Compliance

December 20, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Theodore M. Kneller

The Commodity Futures Trading Commission (CFTC) has issued an interim rule1 to extend the compliance date with certain business conduct standards (BCS)2 and documentation rules3 for swap dealers and major swap participants. The interim rule delays the compliance date for certain BCS and...

ISDA Dodd-Frank Protocol Update: ISDA Requests the CFTC to Delay Compliance With Business Conduct Standards Rules

December 3, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Prashina J. Gagoomal, Theodore M. Kneller

The Commodity Futures Trading Commission’s (CFTC) external business conduct standards (BCS) for swaps require compliance for registered swap dealers by January 1, 2013.1 To facilitate compliance with the BCS rules, the International Swaps and Derivatives Association, Inc. (ISDA) published the...

ISS Issues 2013 Policy Updates

November 21, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Brian V. Breheny, Marc S. Gerber, Richard J. Grossman, Neil M. Leff, Regina Olshan, Erica Schohn, Joseph M. Yaffe, Stuart N. Alperin

Institutional Shareholder Services (ISS), an influential proxy advisory firm, annually updates the policies that underlie its voting recommendations to its institutional investor clients. On November 16, 2012, ISS issued its policy updates applicable to shareholder meetings occurring on or after...

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