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Insights – June 2026

In this edition of Skadden’s quarterly thought leadership publication, we examine the deal terms being structured to align parties’ interests in acquisitions of founder-led brands, an increased openness to merger remedies globally and the importance of managing cybersecurity risks stemming from powerful next-generation AI tools, among other topics.
Skadden Insights – June 2026

AI-Enabled Vulnerability Discovery: What Next-Gen Tools Mean for the Management of Cybersecurity Risk

With the emergence of AI tools that can identify and exploit serious software vulnerabilities on a scale and timeline previously unheard of, regulators, customers and counterparties expect businesses to be increasingly vigilant. That makes it essential that companies reexamine their protocols and defenses.
Skadden Insights – June 2026

Beyond Divestitures: The Global Shift Toward More Flexible Merger Remedies

Antitrust authorities around the globe have shown increased openness to merger remedies, including behavioral ones. Companies pursuing complex cross-border transactions should consider preparing remedy strategies early and devising a consistent advocacy narrative, with jurisdiction-specific tailoring if necessary.
Skadden Insights – June 2026

Federal Tax Credits Play a Key Role in Wind and Solar ‘Mega Projects’ as the Market Also Engages With Other Technologies

Wind and solar mega projects continue to be developed, but with the long-term outlook for wind and solar federal tax credits dimming, lenders and investors seeking additional investment opportunities are exploring other technologies that will remain eligible for tax credits and are expected to attract increasing investment in the coming years.
  • Insights – June 2026
  • AI-Enabled Vulnerability Discovery: What Next-Gen Tools Mean for the Management of Cybersecurity Risk
  • Beyond Divestitures: The Global Shift Toward More Flexible Merger Remedies
  • Federal Tax Credits Play a Key Role in Wind and Solar ‘Mega Projects’ as the Market Also Engages With Other Technologies
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Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

On August 12, 2026, President Trump issued a National Security Presidential Memorandum establishing a program under which vetted U.S. companies may conduct government-authorized surveillance and disruption operations against identified foreign cyber-enabled transnational criminal organizations. We analyze the implications for cybersecurity service providers, critical infrastructure operators and all U.S. companies targeted by foreign cyber criminals.
Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

OCC and FDIC Finalize Standards for Unsafe or Unsound Practices and MRAs

The U.S. Office of the Comptroller of the Currency and the FDIC issued a joint final rule to define the term “unsafe or unsound practice” and to revise the framework governing the issuance of MRAs and other supervisory communications, accompanied by updated policies and procedural manuals to guide examiners on implementation of the final rule. The OCC also issued a proposed rule addressing violations of law. The final rule, which takes effect in November 2026, will have wide impact on day-to-day supervision of regulated financial institutions
OCC and FDIC Finalize Standards for Unsafe or Unsound Practices and MRAs
On August 12, 2026, President Trump issued a National Security Presidential Memorandum establishing a program under which vetted U.S. companies may conduct government-authorized surveillance and disruption operations against identified foreign cyber-enabled transnational criminal organizations. We analyze the implications for cybersecurity service providers, critical infrastructure operators and all U.S. companies targeted by foreign cyber criminals.
Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations
The U.S. Office of the Comptroller of the Currency and the FDIC issued a joint final rule to define the term “unsafe or unsound practice” and to revise the framework governing the issuance of MRAs and other supervisory communications, accompanied by updated policies and procedural manuals to guide examiners on implementation of the final rule. The OCC also issued a proposed rule addressing violations of law. The final rule, which takes effect in November 2026, will have wide impact on day-to-day supervision of regulated financial institutions
OCC and FDIC Finalize Standards for Unsafe or Unsound Practices and MRAs
New York City adopted the nation’s first municipal click-to-cancel rule on July 10, 2026, imposing disclosure, cancellation and notice requirements on subscription-based businesses serving NYC consumers, effective October 1, 2026. We analyze what businesses need to know ahead of the implementation deadline.
New York City’s Click-to-Cancel Rule: What Businesses Need to Know
The Delaware Court of Chancery issued the first opinion analyzing the DGCL Section 144 safe harbors in the context of a challenged merger transaction involving a conflicted director/officer, holding the safe harbors were unavailable at the pleading stage but dismissing most defendants under common law protections. We examine the implications for directors and officers facing merger disputes.
Delaware Court of Chancery Declines to Apply Section 144 Safe Harbors but Dismisses Most Defendants Under Common Law Protections

New York City’s Click-to-Cancel Rule: What Businesses Need to Know

New York City adopted the nation’s first municipal click-to-cancel rule on July 10, 2026, imposing disclosure, cancellation and notice requirements on subscription-based businesses serving NYC consumers, effective October 1, 2026. We analyze what businesses need to know ahead of the implementation deadline.
New York City’s Click-to-Cancel Rule: What Businesses Need to Know

Delaware Court of Chancery Declines to Apply Section 144 Safe Harbors but Dismisses Most Defendants Under Common Law Protections

The Delaware Court of Chancery issued the first opinion analyzing the DGCL Section 144 safe harbors in the context of a challenged merger transaction involving a conflicted director/officer, holding the safe harbors were unavailable at the pleading stage but dismissing most defendants under common law protections. We examine the implications for directors and officers facing merger disputes.
Delaware Court of Chancery Declines to Apply Section 144 Safe Harbors but Dismisses Most Defendants Under Common Law Protections
Insights – June 2026
In this edition of Skadden’s quarterly thought leadership publication, we examine the deal terms being structured to align parties’ interests in acquisitions of founder-led brands, an increased openness to merger remedies globally and the importance of managing cybersecurity risks stemming from powerful next-generation AI tools, among other topics.

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