2024 Insights: Enforcement and Litigation

Skadden’s 2024 Insights

Expert Allegations Could Become More Frequent in Securities Fraud Complaints and Possibly Erode Pleading Standards
A Ninth Circuit panel ruling that plaintiffs could use expert analysis to bolster securities fraud claims potentially opens the door to more frequent use of expert allegations in securities fraud complaints.

DOJ Leverages the Private Sector To Achieve Enforcement Goals
This year, the DOJ has announced new policies encouraging voluntary self-disclosures by corporations and created a safe harbor for companies that disclose wrongdoing they discover in the course of an acquisition.

FTC Enforcement Trends in Consumer Protection Under the Biden Administration
The FTC has aggressively sought to fulfill its mandate to protect consumers, pursuing dozens of enforcement actions and promulgating new rules and guidelines that hint at its priorities in 2024.

Fourth Circuit Holds That Bankruptcy Courts Are Not Limited by the ‘Case and Controversy’ Requirement of Article III
The Fourth Circuit held recently that bankruptcy courts are not bound by the “case and controversy” requirement of the Constitution’s Article III because they derive their power from Congress, acting under its Article I bankruptcy powers.

Insights From Delaware Litigators: What We’re Watching in 2024
Delaware has expanded Caremark oversight duties to officers. Key issues in 2024 are likely to include follow-on rulings in that area, plus cases involving busted deals, de-SPAC transactions and claims for lost deal premiums.

See all of Skadden’s 2024 Insights