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Quarterly Edition

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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A New Era for Defence in Europe: What It Means for Competition Law

Europe’s defence sector is undergoing unprecedented transformation, and competition authorities are recognising this evolving landscape in their competition assessments. In this environment, successful dealmaking and investments require an integrated approach across merger control, foreign subsidies, foreign direct investment and national security screening frameworks, as well as approvals under the EU’s state aid rules.
A New Era for Defence in Europe: What It Means for Competition Law

New Jersey Enacts First-in-the-Nation Private Right of Action for Surveillance Pricing

The newly enacted Fair Price Protection Act makes New Jersey the third state to restrict surveillance pricing and the first to give consumers a private right of action to enforce it, including in a class action. Retailers should treat pricing-data governance as litigation risk management, not merely a regulatory compliance exercise.
New Jersey Enacts First-in-the-Nation Private Right of Action for Surveillance Pricing
Europe’s defence sector is undergoing unprecedented transformation, and competition authorities are recognising this evolving landscape in their competition assessments. In this environment, successful dealmaking and investments require an integrated approach across merger control, foreign subsidies, foreign direct investment and national security screening frameworks, as well as approvals under the EU’s state aid rules.
A New Era for Defence in Europe: What It Means for Competition Law
The newly enacted Fair Price Protection Act makes New Jersey the third state to restrict surveillance pricing and the first to give consumers a private right of action to enforce it, including in a class action. Retailers should treat pricing-data governance as litigation risk management, not merely a regulatory compliance exercise.
New Jersey Enacts First-in-the-Nation Private Right of Action for Surveillance Pricing
The U.S. Supreme Court’s significant separation-of-powers decision in Trump v. Slaughter could increase the risk that European courts will overturn the European Commission’s 2023 “adequacy decision” authorizing transfers of personal data from the EU to the U.S., as that decision relied in part on the FTC’s role as an independent U.S. oversight authority.
Supreme Court Decision Raises New Questions for EU-US Data Transfers
Skadden recently participated in the UK government’s call for evidence on TUPE Regulations, discussing issues that we see arising on business transfers, including variations to terms and conditions, pension rights, redundancies, employee objections and consultation requirements. These issues affect employers navigating TUPE transfers in mergers and acquisitions, carve-outs, outsourcings and corporate reorganisations.
Potential Changes to the UK’s Employee Automatic Transfer Regime

Supreme Court Decision Raises New Questions for EU-US Data Transfers

The U.S. Supreme Court’s significant separation-of-powers decision in Trump v. Slaughter could increase the risk that European courts will overturn the European Commission’s 2023 “adequacy decision” authorizing transfers of personal data from the EU to the U.S., as that decision relied in part on the FTC’s role as an independent U.S. oversight authority.
Supreme Court Decision Raises New Questions for EU-US Data Transfers

Potential Changes to the UK’s Employee Automatic Transfer Regime

Skadden recently participated in the UK government’s call for evidence on TUPE Regulations, discussing issues that we see arising on business transfers, including variations to terms and conditions, pension rights, redundancies, employee objections and consultation requirements. These issues affect employers navigating TUPE transfers in mergers and acquisitions, carve-outs, outsourcings and corporate reorganisations.
Potential Changes to the UK’s Employee Automatic Transfer Regime
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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