Other Recent Developments: A News Roundup From Skadden

Skadden Insights – April 2023

Below, we highlight some of our latest thought leadership articles on important legal topics and trends.

Capital Markets

Factors for London-Listed Companies To Consider Before Dual Listing or Relisting in the US
April 4, 2023

Before considering a dual listing or a migration of listing to the US, UK-listed companies must carefully consider a number of critical factors and the suitability of such a move.

Hong Kong Regulatory Update – April 2023

This April 2023 update provides an overview of key regulatory developments in the past three months relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited and their advisers.

Class Action Litigation

Fifth Circuit Decision Signals Increasing Acceptance of Motions To Strike Class Allegations 
March 2023 issue of The Class Action Chronicle

The Fifth Circuit’s ruling in Elson v. Black marks the third time a federal appeals court has countenanced a decision on class certification at the pleading stage. It is likely to spawn increased motion practice regarding class certification early in putative class actions in the Fifth Circuit and may even be a harbinger of similar practices and rulings in other circuits. 

Digital Assets

Court Ruling Could Affect the Future Direction of DAOs 
April 3, 2023

A recent decision by a California federal court in a putative class action, Sarcuni v. bZx DAO, has brought into focus how courts might construe decentralized autonomous organizations as general partnerships.

A Closer Look at the Proposed UK Cryptoassets Regulatory Regime 
March 29, 2023

The UK Treasury is seeking input on proposals for a cryptoasset regulatory regime — a long-awaited step in creating an environment in the UK that encourages innovation, but with stability and restored confidence.

NYAG Files Action Against Crypto Trading Platform, Takes Position That ETH Is a Security 
March 13, 2023

For the first time, a U.S. regulatory authority has clearly taken the position that the cryptocurrency Ether is a security. If a court determines that the allegation is true, it could have broad ramifications.

Digital Asset Insider Trading Case Could Provide Sought-After Guidance to Industry
February 14, 2023

A former Coinbase product manager signals he intends to fight the SEC case after pleading guilty in the parallel criminal case by filing a motion to dismiss that raises new questions on whether digital assets are securities.


UK Labeling Rules for ‘Sustainable’ Investment Products Will Soon Be Finalised
March 1, 2023

New UK rules governing “sustainable” investment products will entail complex compliance measures at firms that create and market such investments. Firms will also need to consider EU and proposed US rules aimed at “greenwashing.”

ESG in 2022 and Predictions for 2023
February 1, 2023 | Most Read

We examine the ESG topics impacting businesses over the last six months and identify key topics to track in 2023, including the performance of ESG funds, ESG-initiated disputes and the interplay of ESG matters and competition law. 


Lessons for the Insurance Sector From the Credit Suisse Sale
April 3, 2023

UBS’ acquisition of Credit Suisse sent waves of uncertainty across the global markets and raises questions about possible impacts on the availability of regulatory capital in the insurance sector.

Intellectual Property

Copyright Office Issues Guidance on AI-Generated Works, Stressing Human Authorship Requirement
March 16, 2023

Newly issued guidance from the Copyright Office clarifies that AI-generated content cannot qualify for copyright registration absent sufficient human authorship.


EU Adopts 10th Set of Sanctions Against Russia and Strengthens Enforcement and Anti-Circumvention Measures
March 23, 2023

The EU has sanctioned 121 new individuals and entities, expanded sectoral restrictions and imposed new reporting requirements. Stressing multilateral enforcement, it flagged common sanctions evasion methods that companies should watch for.

New US Efforts To Prosecute Sanctions Evasion and Export Control Violations May Require Compliance Programs To Be Updated 
March 16, 2023

Companies should ensure that their compliance programs align with the latest guidance from the U.S. government, which has assigned new resources to prosecuting sanctions evasions and export control violations.

See all our client alerts relating to sanctions on Russia.

Securities Litigation; SPACs

In Novel SPAC Ruling, Court Questions Fundamental SPAC Structure Under Delaware Law
January 31, 2023 | Most Read

The Court of Chancery’s recent ruling in Delman v. GigAcquisitions3 clearly illustrates the court’s skepticism of the SPAC structure. Takeaways include that a Delaware de-SPAC transaction could be subject to entire fairness review.


What To Expect From the IRS’ $80 Billion Strategic Operating Plan
April 17, 2023 | Most Read

The IRS has detailed how it will spend $80 billion over the next decade on enhanced enforcement, speedier resolutions and enhanced service. Corporations, complex partnerships and high-income individuals are likely to receive more scrutiny.

The 2024 Green Book and Tax Implications: A Primer
March 20, 2023

The Treasury Department’s so-called Green Book for FY 2024 proposes to significantly increase tax burdens on corporations and certain individual taxpayers and make sweeping changes to the international tax regime.

U.S. Supreme Court

SCOTUS Unanimously Endorses Early Challenge to Agency Proceedings, Limiting Enforcement Agency Power
April 17, 2023

On April 14, 2023, the U.S. Supreme Court unanimously held that parties subject to enforcement actions before FTC or SEC administrative tribunals can bring constitutional challenges in federal court without first litigating them before the administrative tribunals.

White Collar Defense and Investigations

DOJ Focus on Corporate Enforcement Continues With Updated Policies Related to Corporate Crime and Compliance Programs
March 10, 2023

The DOJ has updated certain corporate criminal enforcement policies that relate to compensation systems, the use of personal communications devices and messaging apps, and the rubrics for imposing monitors in corporate criminal resolutions.

UK High Court Judgment Spotlights Importance of Managing Supply Chain Risks
February 20, 2023

A recent UK court judgment makes clear that organisations could be liable for money laundering offences where there is evidence of human rights abuses or criminal wrongdoing in their supply chains.

See all of Skadden’s April 2023 Insights