Insights – June 2022

Skadden Insights – June 2022

ESG in Focus: An Overview of Recent Litigation and Regulatory Developments 
Companies determining ESG initiatives and disclosures should carefully calibrate their approach in light of increased enforcement and litigation involving the SEC, as well as plaintiffs' pursuit of consumer actions and securities claims.

A Closer Look at the New SEC Crypto Assets and Cyber Unit (Video) 
Longtime colleagues at the SEC's Division of Enforcement, partners Anita Bandy and Dan Michael provide an insider's look at what the SEC's new Crypto Assets and Cyber Unit means for companies. The unit is part of SEC Chair Gary Gensler's larger effort to regulate the crypto markets and protect investors.

Hitting Reset or Flipping the Table? SEC Staff Significantly Increases the Unpredictability of the Shareholder Proposal No-Action Process
Numerous no-action letters relating to the 2022 proxy season overturned precedent, creating a level of uncertainty that companies will need to factor into their future no-action strategies and engagement with shareholder proponents.

Winning the War for Talent: It’s the Board’s Responsibility, Too
With millions of employees resigning and millions of positions unfilled, boards need to monitor corporate culture closely to ensure that their companies have the talent they need to thrive.

Public Comments on US Merger Guidelines May Be Harbinger of Stronger Enforcement 
The DOJ and FTC's review of merger guidelines and call for comments could result in an overhaul of the existing framework by the end of the year, a potentially significant shift in U.S. antitrust enforcement practice.

EU and UK Revamp Antitrust Rules on Distribution Arrangements
New EU and U.K. competition rules and guidance covering distribution systems take into account the growing importance of direct and online sales, online marketplaces and dual distribution systems.

How Antitrust Regulators and the SEC Are Advancing the Wider Biden Agenda
In this inaugural episode of the Informed Board podcast, partners Maria Raptis and Raquel Fox join host Ann Beth Stebbins to discuss changing approaches to antitrust and securities regulation in Washington. They talk about new priorities in antitrust enforcement, new SEC disclosure initiatives and the obstacles that could hinder regulatory rulemaking.

Biden Pauses New Duties on Solar Imports From Southeast Asia, Takes Action To Bolster Domestic Industry
On June 6, 2022, President Biden issued a declaration of emergency that paves the way for a 24-month moratorium on new duties on solar imports, and he took action to foster domestic production of solar parts and equipment.

Report on Hong Kong-Listed Biotech Companies 
Our second annual report on Hong Kong-listed biotech companies demonstrates the continued health of the sector. The report provides a comprehensive overview of the market in its current state, examining key data points for biotech companies undertaking IPOs on the HKEX in calendar year 2021 and analyzing the corporate governance practices of all 48 biotech companies listed on HKEX as of December 31, 2021. 

Other Recent Developments
Highlights of some of our latest thought leadership articles on important legal topics and trends.