Insights – September 2021

Skadden Insights – September 2021

Cryptocurrency Regulation and Enforcement at the US Federal and State Levels
The intensifying focus in recent months on cryptocurrency regulation and enforcement at both the federal and state levels demonstrates digital currency’s increasing role as an established component of the financial landscape.

The Impact of Vaccination Status on Jury Pools
As a “return to normal” for in-person jury trials remains elusive and courts move forward with various forms of in-person, remote and hybrid jury trials, litigants may find themselves faced with the new challenge of how juror vaccination status may directly or indirectly impact jury pools and their overall case strategies.

Supreme Court Term Marked by Unexpected Alignments and Incrementalism
Partner Shay Dvoretzky and associate Emily Kennedy discuss the surprising coalitions and cautious incrementalism that characterized the Supreme Court’s 2020-21 term, and offer insights for parties litigating before the Court.

Proposed Rules May Attract More Companies With Dual-Class Share Structures to London Stock Exchange
To increase the number of global IPOs in the U.K., the Financial Conduct Authority published a consultation paper on the effectiveness of primary markets and proposals for significant changes to the U.K.'s listing regime, designed to give issuers greater flexibility while maintaining protections for investors.

SEC Approves Nasdaq Board Diversity Listing Standards
The Securities and Exchange Commission recently approved the Nasdaq Stock Market’s proposal to amend its listing standards to encourage greater board diversity and to require board diversity disclosures for Nasdaq-listed companies.

DOE Offers Financing for US EV and Energy Infrastructure
A wide range of manufacturers and project sponsors may qualify for federal loans and guarantees aimed at promoting advanced energy technologies that may benefit the environment.

Return-to-Office Update and Considerations for Employers
We highlight key labor considerations and changes, from updated federal guidance to developing legal standards, in light of the recent surge of COVID-19 cases, which has caused states and municipalities to renew restrictions, while employers expand vaccine mandates and reconsider return-to-office plans.