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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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Managing the Unique Risks of Buying a Founder-Led Brand: A Guide to Deal Terms

An array of deal structures has evolved to address the special risks of acquiring a business whose success is closely tied to its founder. Those include earn-outs, equity rollovers and hybrid investment-plus-commercial-partnership arrangements, all designed to align the buyer’s and the founder’s interests.
Managing the Unique Risks of Buying a Founder-Led Brand: A Guide to Deal Terms

CLARITY Act: Potential US Tax Implications for Digital Asset Market Participants

The proposed CLARITY Act would allocate regulatory jurisdiction over digital assets between the CFTC and SEC, giving the CFTC exclusive jurisdiction over spot markets in “digital commodities.” That could have implications for their treatment under the Internal Revenue Code.
CLARITY Act: Potential US Tax Implications for Digital Asset Market Participants
An array of deal structures has evolved to address the special risks of acquiring a business whose success is closely tied to its founder. Those include earn-outs, equity rollovers and hybrid investment-plus-commercial-partnership arrangements, all designed to align the buyer’s and the founder’s interests.
Managing the Unique Risks of Buying a Founder-Led Brand: A Guide to Deal Terms
The proposed CLARITY Act would allocate regulatory jurisdiction over digital assets between the CFTC and SEC, giving the CFTC exclusive jurisdiction over spot markets in “digital commodities.” That could have implications for their treatment under the Internal Revenue Code.
CLARITY Act: Potential US Tax Implications for Digital Asset Market Participants
Carve-outs and divestitures in China and Southeast Asia pose unique challenges because tax, foreign ownership, data transfer and other laws in various Asian jurisdictions can affect the deal structure and rule out some potential buyers.
Carve-Outs and Divestitures: Structuring and Execution Considerations for China and Southeast Asia
The departure of the drug regulator’s chief and much of its senior leadership leaves the fate of many of the novel initiatives undertaken over the past year unclear, making it harder for FDA-regulated companies to plan.
FDA Leadership Upheaval: What Comes Next?

Carve-Outs and Divestitures: Structuring and Execution Considerations for China and Southeast Asia

Carve-outs and divestitures in China and Southeast Asia pose unique challenges because tax, foreign ownership, data transfer and other laws in various Asian jurisdictions can affect the deal structure and rule out some potential buyers.
Carve-Outs and Divestitures: Structuring and Execution Considerations for China and Southeast Asia

FDA Leadership Upheaval: What Comes Next?

The departure of the drug regulator’s chief and much of its senior leadership leaves the fate of many of the novel initiatives undertaken over the past year unclear, making it harder for FDA-regulated companies to plan.
FDA Leadership Upheaval: What Comes Next?
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.

Latest From Skadden

  • Beyond Divestitures: The Global Shift Toward More Flexible Merger Remedies
    June 23, 2026
  • Carve-Outs and Divestitures: Structuring and Execution Considerations for China and Southeast Asia
    June 23, 2026
  • Managing the Unique Risks of Buying a Founder-Led Brand: A Guide to Deal Terms
    June 23, 2026
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