Insights – April 2022

Skadden Insights – April 2022

Regulatory Focus on Consolidation May Present Opportunities for Private Equity Buyers
Private equity firms may have an edge in bidding against strategics as antitrust regulators delay and block deals they fear will reduce competition. But the roll-up strategies frequently employed by private equity firms could be subject to rigorous reviews.

Peter Atkins on the Evolution of M&A, in an Interview With Allison Schneirov (Audio)
During Peter Atkins’ 54 years at Skadden, he emerged as a leader in the development of M&A as a legal specialty and was a major contributor to Skadden’s expansion into the global institution it is today. On the occasion of his transition from partner to of counsel at the end of 2021, Mr. Atkins spoke with New York M&A/corporate leader Allison Schneirov about the forces driving M&A historically and today, and practical guides for effective dealmaking that have served him well.

Not Just for Tax Geeks: Why Companies Should Revisit Transfer Pricing Policies (Video)

As tax authorities more closely scrutinize multinationals’ revenue and cost allocations and the Organization for Economic Cooperation and Development’s proposed standards for income allocation gain momentum, it is increasingly important that transfer pricing policies align with the nature of a company’s operations. Partners Nate Carden and David Farhat discuss double taxation and other problems that can often be headed off with the proactive use of the “competent authority” mutual agreement process and advance pricing agreements authorized by standard tax treaties.

The Evolving Telephone Consumer Protection Act Landscape Post-Duguid
2022 is poised to be another year of significant TCPA activity. Businesses would be well advised to review their compliance practices and address recent developments with their marketing and collections vendors.

DOJ-Initiated False Claims Act Activity on the Rise
The DOJ's renewed commitment to using in-house data to detect and investigate alleged fraud, particularly in the health care space, means the number of DOJ-initiated False Claims Act cases and recoveries will likely continue to increase.

SEC Proposes Significant Changes to Rules Affecting SPACs
On March 30, 2022, the SEC proposed new rules intended to enhance existing disclosure requirements and investor protections in IPOs by SPACs and in business combination transactions involving SPACs (de-SPACs).

Latest Updates on Russia Sanctions
Response to the Russian invasion of Ukraine has been swift and coordinated, with the U.S., U.K. and EU, among other allied nations, imposing a series of sanctions and export controls on key elements of the Russian economy. The landscape is rapidly changing, and given the complex and dynamic nature of these sanctions regimes, there may be developments not captured in these summaries.

Skadden Insights Roundup
Some of our latest thought leadership articles on important legal topics and trends.