The Informed Board

Skadden Publication

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the FTC goes forward with its proposal to ban and rescind noncompetition agreements.

As artificial intelligence finds more and more commercial applications, we discuss the risks that directors need to understand before their companies employ the technology. In a separate piece, we survey the potential regulatory responses to the recent tremors in the banking world. Finally, in our latest podcast, three Skadden partners discuss the impact of U.S. moves to restrict technology exports to China and investments in startups there.

Nine Mistakes To Avoid When Transitioning CEOs
Transitioning CEOs, whether voluntary or not, is a complex process that often takes longer than expected. Boards need to plan for contract negotiations and legal disclosures, map out internal and external communications strategies, and consider the impact on other executives. Here are some tips on avoiding common mistakes.

What Is Generative AI and How Does It Work?
Companies using or developing generative AI systems need to understand the legal risks, and boards need to monitor the process and ensure that compliance systems keep pace with the adoption of the new technology.

The FTC’s Plan To Limit Noncompetes Could Pose an Array of Practical Problems
The FTC proposes to ban most noncompete agreements and require companies to rescind existing noncompetes. Some states have also restricted noncompetes. Companies need to prepare for the changes, including the potential implications for M&A.

The Impact of Banking System Turmoil: What’s Next?
The failure of three regional U.S. banks and Credit Suisse is forcing a reassessment of regulations created after the financial crisis, and of deposit insurance. Regulators might be more willing now to approve new mergers.

Podcast - What a New Executive Order and Tighter Controls on Tech Exports Mean for Companies Doing Business in China
With tighter U.S. rules restricting technology exports to China, stepped up enforcement efforts and an executive order expected soon imposing restrictions on certain outbound investments into China, companies should revisit their compliance programs to be sure they satisfy government requirements.

See all the editions of The Informed Board