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A Closer Look at the Trump Administration’s Comprehensive Report on Digital Assets
Skadden Publication / The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts
Mark Chorazak, Alexander C. Drylewski, Alessio D. Evangelista, Eytan J. Fisch, Nathan W. Giesselman, Stuart D. Levi, Daniel Michael, Chad E. Silverman
August 8, 2025
The Trump administration’s Working Group on Digital Asset Markets has released a comprehensive report outlining some 100 policy and legislative recommendations to position the U.S. as a global leader in digital assets and blockchain innovation.
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Show Me the Money: Value Leakage in European High-Yield Bonds
Butterworths Journal of International Banking and Financial Law
James A. McDonald, Kenneth J. Ryan, Michael Chern
August-September 2025
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DOJ Settlement With Medical Technology Company Signals Expanding Cybersecurity FCA Risk for Life Sciences Companies
Skadden Publication
Avia M. Dunn, Maya P. Florence, Bradley A. Klein, William E. Ridgway, David A. Simon, Rachael K. Cox
August 7, 2025
DOJ’s $9.8 million settlement with Illumina relating to its genomic sequencing systems sold to government agencies marks the first FCA resolution with a medical device manufacturer based on cybersecurity deficiencies.
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Investors Increasingly Claim That AI Hype Is Securities Fraud
Reuters Legal News
Virginia F. Milstead, Mark R.S. Foster
August 7, 2025
There has been a recent a wave of lawsuits alleging "AI washing" where companies exaggerate or misrepresent their AI capabilities to boost stock prices.
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Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising
Skadden Publication / Cybersecurity and Data Privacy Update
Nicola Kerr-Shaw, Aleksander J. Aleksiev, Alex Smallwood, William E. Ridgway, David A. Simon
August 6, 2025
The UK ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. The proposals aim to address concerns about the current “one size fits all” cookie rules.
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HM Treasury and UK Regulators Announce Wave of Reforms
Skadden Publication / The Capital Ratio
Sebastian J. Barling, Olivia Merrett
August 5, 2025
The UK has announced a package of financial services reforms, including cross-cutting reforms to the regulatory environment, significant SMCR changes, FOS modernisation and updates to the regulatory capital regime. We look at what firms need to know about the new proposals.
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CFTC Provides No-Action Relief From Swap Data Error-Notification Requirements
Skadden Publication / White Collar Defense and Investigations
David Meister, Chad E. Silverman, Peter A. Varlan
August 4, 2025
The CFTC issued a no-action letter providing counterparties relief from the requirement to report swap-reporting errors impacting less than 5% of their open swaps.
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Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds
Skadden Publication / Executive Briefing: Latest Updates on the Trump Administration
Lara A. Flath, David E. Schwartz, Amy Van Gelder, Michael Iadevaia
August 1, 2025
The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws. We look at what recipients of federal funds need to know.
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FCA Premium Finance Study: Concerns Raised but No Regulatory Changes Proposed
Skadden Publication / The Standard Formula
Sebastian J. Barling, Robert A. Chaplin, George T. F. Gray, Caroline C. Jaffer, James J. Pickstock, Maximilian Willis
August 1, 2025
Preliminary findings from the FCA’s market study of insurance premium finance highlight concerns about affordability, value and transparency, but so far the FCA has not proposed limits on annual percentage rates (APRs) or commissions.
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
Law360
Bijal V. Vakil, Ca-Zao Bui
August 1, 2025
The Supreme Court’s June decision not to revisit the two-part Alice framework for determining patent eligibility leaves the status quo in place, along with uncertainty and unpredictability.
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U.S., U.K. and EU Decisions Buoy Antitrust Cartel Enforcement in Labour Markets
Financier Worldwide
Bill Batchelor, James J. Fredricks
August 2025
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EU Targets Russia’s Energy, Financial and Defense Sectors in 18th Sanctions Package
Skadden Publication
Ryan D. Junck, Margot Sève, Michael Albrecht vom Kolke, Jonathan Benson, Wesley Lainé, Philipp Mueller
July 31, 2025
The EU adopted its 18th sanctions package against Russia and Belarus, imposing asset freezes on 55 additional individuals and entities, expanding sectoral sanctions and introducing new restrictions targeting the energy, financial and defense sectors.
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Reminder: Illinois Pay-to-Play Registration Updates Due Quarterly
Skadden Publication / Political Law Compliance and Investigations Update
Ki P. Hong, Charles M. Ricciardelli, Tyler Rosen, Matthew Bobys, Melissa L. Miles, Theodore R. Grodek, Lucy Kalar, Sam Rothbloom, Alexa O. Santry, Aanchal Chugh
July 31, 2025
The next quarterly update required under the Illinois pay-to-play law is due August 14, 2025.
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FCA Publishes New Proposals for Buy Now, Pay Later Regulation: One-Year Countdown to July 2026 Implementation
Skadden Publication
Sebastian J. Barling, Simon Toms, Joseph A. Kamyar, Kalan Kumar, Wilf Odgers
July 30, 2025
The UK FCA has published Consultation Paper 25/23 proposing new regulations for BNPL services that detail creditworthiness assessments, precontract information, handling complaints and a temporary permissions regime.
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White House Releases AI Action Plan: Key Legal and Strategic Takeaways for Industry
Skadden Publication / AI Insights
Stuart D. Levi, David A. Simon, Brian J. Egan, Ken D. Kumayama, Michael E. Leiter, William E. Ridgway, Katie Clarke, Joshua Silverstein, Tatiana O. Sullivan, Melissa Muse
July 30, 2025
The White House AI Action Plan marks a striking shift in approach, with the federal government leading efforts to ensure American domination of AI technologies. It promises to create a wealth of business opportunities across sectors.
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UK Sanctions Update: New Designations, Lowered Oil Cap and Continued Focus on Combatting Circumvention
Skadden Publication
Ryan D. Junck, Jonathan Benson, Jason Williamson
July 29, 2025
The UK announced new Russian sanctions and cut the oil price cap, and provided new guidance for non-UK businesses to combat circumvention. A new cryptoasset threat assessment shines a light on the growing sanctions risks for the crypto sector.
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Nonconsensual Third-Party Releases Are Alive and Well in Chapter 15 Despite Purdue
INSOL International
James J. Mazza, Jr., Justin M. Winerman
July 2025
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Delaware Courts Nix Unripe Challenges to Advance Notice Bylaws and Uphold Bylaws Adopted ‘on a Clear Day’
Harvard Law School Forum on Corporate Governance
Jenness E. Parker, Lauren N. Rosenello, Emily M. Marco
July 24, 2025
Where stockholders try to invalidate advance notice bylaws, Delaware courts have insisted that their complaints involve an actual, and not merely hypothetical, dispute, and have upheld reasonable bylaws when they were not adopted in response to a threat.
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Supreme Court 2024 Term Reveals Unanticipated Insights on Agency Deference and Litigation Strategy for Businesses
Reuters Legal News
Shay Dvoretzky, Parker Rider-Longmaid, Emily J. Kennedy
July 24, 2025
While many of the Supreme Court’s 2024 Term’s most watched business cases resolved anticlimactically, the Term also brought unanticipated insights for regulated entities.
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Making Sure Newly Cautious Shareholders Get the Information They Want
The Corporate & Securities Law Advisor
Brian V. Breheny, Raquel Fox, Joshua Shainess, Kyle Wiley
August 2025
Recently updated guidance from the SEC staff regarding the agency’s beneficial ownership reporting rules has had a significant impact on companies' interactions with major shareholders, making some shareholders cautious about initiating discussions on corporate policies with a company's management.
