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Insights – April 2023

Monetizing Energy Tax Credits Is Clearly Tax-Free, Unless It’s Not

New provisions under the Inflation Reduction Act are designed to simplify the monetization of energy tax credits and expand the market of potential participants. But questions remain about the corresponding state tax treatment.
Insights – April 2023

Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?

While the FTC and the DOJ Antitrust Division have lost a number of recent cases, they have developed government-friendly case law they can rely on to expand their enforcement reach in future cases.

Insights – April 2023

Practical Implications of New DOJ Criminal Self-Disclosure Policies

New DOJ policies encouraging companies to disclose possible criminal wrongdoing do not guarantee how those companies will be treated and may require them to make quick decisions before they have gathered all the facts.

Publication

What To Expect From the IRS’ $80 Billion Strategic Operating Plan

The IRS has detailed how it will spend $80 billion over the next decade on enhanced enforcement, speedier resolutions and enhanced service. Corporations, complex partnerships and high-income individuals are likely to receive more scrutiny.
The Informed Board

The Informed Board – Spring 2023

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.

  • Monetizing Energy Tax Credits Is Clearly Tax-Free, Unless It’s Not
  • Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?
  • Practical Implications of New DOJ Criminal Self-Disclosure Policies
  • What To Expect From the IRS’ $80 Billion Strategic Operating Plan
  • The Informed Board – Spring 2023
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Insights: The Delaware Edition

Recent Delaware Court of Chancery decisions have recognized a duty of oversight on the part of officers, and outlined do’s and don’ts for special committees shepherding transactions where a key fiduciary is on both sides of the deal.
Insights: The Delaware Edition

The Nucleus: Life Sciences Regulation and Enforcement Updates – June 2023

We are pleased to present the first issue of our newsletter analyzing recent trends and developments impacting the life sciences industry, including DOJ policy updates and key provisions of the Food and Drug Omnibus Reform Act.
The Nucleus: Life Sciences Regulation and Enforcement Updates
Recent Delaware Court of Chancery decisions have recognized a duty of oversight on the part of officers, and outlined do’s and don’ts for special committees shepherding transactions where a key fiduciary is on both sides of the deal.
Insights: The Delaware Edition
We are pleased to present the first issue of our newsletter analyzing recent trends and developments impacting the life sciences industry, including DOJ policy updates and key provisions of the Food and Drug Omnibus Reform Act.
The Nucleus: Life Sciences Regulation and Enforcement Updates
A unanimous Supreme Court today made it more difficult for shareholders to file suits under Section 11 of the Securities Act of 1933.
SCOTUS Bars Section 11 Claims Based on Direct Listing
The U.S. has launched a coordinated effort to expand and strengthen enforcement of its sanctions campaign against Russia. Multiple government agencies appear to be increasingly shifting toward an enforcement posture.
In Coordinated Action, US Authorities Increase Russia-Related Restrictions and Warn About Evasion Risks

SCOTUS Bars Section 11 Claims Based on Direct Listing

A unanimous Supreme Court today made it more difficult for shareholders to file suits under Section 11 of the Securities Act of 1933.
SCOTUS Bars Section 11 Claims Based on Direct Listing

In Coordinated Action, US Authorities Increase Russia-Related Restrictions and Warn About Evasion Risks

The U.S. has launched a coordinated effort to expand and strengthen enforcement of its sanctions campaign against Russia. Multiple government agencies appear to be increasingly shifting toward an enforcement posture.
In Coordinated Action, US Authorities Increase Russia-Related Restrictions and Warn About Evasion Risks
Insights – April 2023

This edition looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish government-friendly case law in antitrust enforcement, and other important trends and developments.

Latest From Skadden

  • NYSE and Nasdaq Postpone Effective Date of Dodd-Frank Clawback Requirements
    June 9, 2023
  • Skadden Discusses the Impact of Banking System Turmoil
    June 9, 2023
  • IOSCO Proposes Policy Recommendations for the Regulation of Crypto Markets
    June 8, 2023
View All Publications

Key Takeaways From Recent Events

  • Developments and Trends in Delaware Law: A Review of 2022 and What To Expect in 2023
    February 17, 2023
  • Preparing for the 2023 Shareholder Proposal Season
    December 6, 2022
  • 15th Annual Securities Litigation and Regulatory Enforcement Update: State of the Cryptocurrency Market
    November 9, 2022

Upcoming Speaking Engagements

  • Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2023
    October 25-27; November 15-17; December 6-8
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