The Informed Board

Skadden Publication

In this issue of The Informed Board, we discuss how companies can position themselves as merger reviews grow lengthier and more difficult, and we explain the legal framework for NFTs so directors can provide informed oversight if their companies decide to mint these digital assets.

Other articles suggest ways directors can avoid exposure to the proliferation of shareholder suits alleging inadequate board oversight, and mechanisms companies can employ to limit the regulatory and reputational risks of changing overseas supply chains.

Finally, the latest Informed Board podcast addresses the pressure companies feel from employees, investors and other stakeholders to take stands on political and social issues.

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk
As companies pursuing mergers face more aggressive antitrust and foreign investment reviews, directors need to grasp the new regulatory risks and be familiar with the contractual and tactical tools to mitigate those.

Navigating the Uncharted Legal Territory of NFTs
NFTs are no longer just for celebrities, artists and musicians. Companies are now monetizing intellectual property and building customer loyalty with them. Boards vetting NFT strategies need to know the legal uncertainties and risks.

‘Mission Critical’ Issues and ‘Red Flags’: What It Means for a Board To Exercise Oversight
As courts allow more stockholder suits to go forward against directors for failing to diligently oversee the company, boards need to focus on the most critical aspects of their businesses and respond to warnings about serious problems.

Avoiding Potential Pitfalls When Developing Alternative Supply Chains
As companies diversify their supply chains in the wake of the pandemic and Russian sanctions, they need to be vigilant about the risks that new suppliers and new governmental interactions bring, and develop procedures to mitigate them.

Podcast: Should Your Company Take a Stand on Political and Social Issues?
In the latest installment of the Informed Board podcast, Skadden partner Ann Beth Stebbins leads a discussion about political and social issues in the workplace, responding to evolving employee expectations and the increased scrutiny of corporate political contributions. The panel also discusses how political and social issues may affect director elections this proxy season.

See all the editions of The Informed Board