Insights – September 2022

Skadden Insights – September 2022

Despite Slowdown in SPAC Activity, Opportunities Remain
The SPAC market has seen a slowdown, with challenges including high redemption rates, economic uncertainty, increased regulatory scrutiny and new tax considerations. Participants are searching for innovative ways to deal with the headwinds.

Senate Passes Landmark Bill With Climate, Tax, Energy and Health Care Implications
The Inflation Reduction Act that the Senate passed on August 7, 2022, is expected to have a significant impact on U.S. climate, tax and health care policy. In this alert, we provide an outline of the Act’s major provisions, which are designed to spur clean energy, implement a 15% minimum tax on corporations and lower prescription drug prices. (You can also watch our webinar discussion on the bill’s impact.)

Inflation and Market Turmoil: How Directors, Officers and Other Fiduciaries Can Stay Ahead in Uncertain Times 
In light of the current economic uncertainty, directors and officers should stay abreast of material information, even absent a specific actionable transaction.

Every Move You Make: When Monitoring Employees Gives Rise to Legal Risks
Employee monitoring tools are said to improve worker efficiency, accountability and safety, but they can also lead to legal claims. Employers considering such monitoring should track compliance with applicable federal and state laws.

West Virginia v. EPA: Implications for Climate Change and Beyond
The Supreme Court’s decision in West Virginia v. EPA has immediate ramifications for the executive branch’s efforts to fight climate change. Longer term, lower courts will likely face a host of “major questions” challenges to agency action.

Growing Opportunities in Clean Hydrogen
Clean hydrogen is positioned to be one of the next major waves of environmentally beneficial energy projects. Investors and developers must pay attention to each project’s development and financing agreements to manage project risk.

Recent Trends in China-Related Cross-Border Enforcement
The U.S. and China have recently taken significant actions relating to cross-border enforcement involving China. Companies that do business in both countries need a plan to navigate between these sometimes conflicting regulatory regimes.

Infrastructure Investment and Jobs Act: A Four-Part Series
In this four-part series, we outline the programs and funding that we believe will catalyze private sector investment in the transportation, energy, carbon capture, water and broadband sectors.

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