Insights – June 2021

Skadden Publication

Shareholder Proposal No-Action Requests in the 2021 Proxy Season: Dearth of No-Action Response Letters Leaves Companies Guessing

Although the SEC staff issued fewer written no-action response letters during the 2021 proxy season than in previous years, a number of notable decisions and trends emerged, providing important guideposts to understanding the staff’s current approach.

Insurance Considerations for Directors and Officers of Delaware Entities

Directors and officers should carefully consider insurance policies for protecting against potential personal liability claims. We outline certain key features of these policies, including core coverage parts, “tail” coverage and select exclusions.

International Companies Turn To US Restructurings for COVID-19 Relief

Foreign entities need only minimal U.S. ties to qualify for relief under the country’s sophisticated and debtor-friendly reorganization laws.

UK Private Equity After COVID-19: Same Old, Same Old?

As U.K. private equity adjusts to post-pandemic life, changes to the industry caused or accelerated by COVID-19 may have a long-term impact, including more varied investment approaches, greater sectoral focus and heightened ESG scrutiny.

Key Labor Considerations for Return-to-Office Plans

As U.S. vaccination rates rise and states and municipalities lift restrictions, employers must consider a wide range of issues before employees return to work, including vaccine policies, testing considerations, and customer and client interactions.

Food and Beverage Labeling Litigation: Recent Trends

Technologies and products introduced over the past year and a half by the food and beverage industries have raised new questions about advertising practices and presented novel legal issues regarding how goods are labeled.

Key Provisions of California’s Data Breach Law Have Yet To Be Determined

The statutory damages provision of the California Consumer Protection Act has prompted a wave of class actions where consumer data has been disclosed. The statute and California court rulings may shape the law in other jurisdictions.

Biden Administration’s Green Book Proposes Significant Changes to Tax Regime

The Biden Administration's “Green Book” proposals would significantly increase tax burdens on corporate and individual taxpayers and make sweeping changes to the international tax regime.