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Skadden's 2023 Insights

2023 Insights: A Possible Recession

Skadden’s 2023 Insights

2023 Insights: New Regulatory Challenges

Skadden’s 2023 Insights

2023 Insights: More Intense Merger Reviews

Skadden’s 2023 Insights

2023 Insights: Litigation Developments

Skadden’s 2023 Insights

2023 Insights: Pressure for ESG Policies

  • 2023 Insights: A Possible Recession
  • 2023 Insights: New Regulatory Challenges
  • 2023 Insights: More Intense Merger Reviews
  • 2023 Insights: Litigation Developments
  • 2023 Insights: Pressure for ESG Policies
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Enforcement Priorities Could Shift in a Downturn

In downturns, enforcement agencies often prioritize high-risk sectors, transparency, consumer protection and individual accountability. ESG issues, geopolitical tensions and the pandemic may also shape upcoming enforcement efforts.

Enforcement Priorities Could Shift in a Downturn

Convertible Notes, Accelerated Share Repurchases and Other Equity-Linked Instruments: Challenges and Opportunities in 2023

Equity-linked instruments have been significantly affected by the changing market environment. Convertible debt issuers, companies looking to repurchase shares and sizable shareholders should consider whether to act now.

Convertible Notes, Accelerated Share Repurchases and Other Equity-Linked Instruments: Challenges and Opportunities in 2023

In downturns, enforcement agencies often prioritize high-risk sectors, transparency, consumer protection and individual accountability. ESG issues, geopolitical tensions and the pandemic may also shape upcoming enforcement efforts.

Enforcement Priorities Could Shift in a Downturn

Equity-linked instruments have been significantly affected by the changing market environment. Convertible debt issuers, companies looking to repurchase shares and sizable shareholders should consider whether to act now.

Convertible Notes, Accelerated Share Repurchases and Other Equity-Linked Instruments: Challenges and Opportunities in 2023

The SEC is stressing higher penalties, requiring independent compliance monitors and including advisers in enforcement actions. Earnings manipulation, 10b5-1 plans and non-GAAP accounting are also coming in for scrutiny.

This SEC Press Release Is a Compliance Checklist for Corporations

As various laws restricting foreign transactions proliferate to support U.S. foreign policy, they are being aggressively enforced, so it is vital for boards to monitor compliance. Directors can face personal liability if they do not.

Why Directors and Executives Need To Pay Attention to Sanctions, Money Laundering and Export Rules

This SEC Press Release Is a Compliance Checklist for Corporations and Their Boards

The SEC is stressing higher penalties, requiring independent compliance monitors and including advisers in enforcement actions. Earnings manipulation, 10b5-1 plans and non-GAAP accounting are also coming in for scrutiny.

This SEC Press Release Is a Compliance Checklist for Corporations

Why Directors and Executives Need To Pay Attention to Sanctions, Money Laundering and Export Rules

As various laws restricting foreign transactions proliferate to support U.S. foreign policy, they are being aggressively enforced, so it is vital for boards to monitor compliance. Directors can face personal liability if they do not.

Why Directors and Executives Need To Pay Attention to Sanctions, Money Laundering and Export Rules
2023 Insights – Five Critical Areas for the Year Ahead

Our annual Insights publication is designed to help you prepare for the coming year. Collaborating across offices and practices, we share our observations and experience from the past 12 months, highlight critical issues you may face in 2023 and suggest ways to navigate what lies ahead.

Latest From Skadden

  • New Protections and Financial Incentives for Whistleblowers in the US
    February 2023
  • Capital Markets Review 2022: Doors Open to Chinese Issuers in Hong Kong and the U.S.
    December 30, 2022
  • Executive Compensation: Considerations for UK Companies for the 2023 Voting Season
    January 26, 2023
View All Publications

Key Takeaways From Recent Events

  • 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
  • Navigating Uncertain Waters: ESG Takeaways for Private Capital Firms Subject to EU Law
    October 17, 2022

Upcoming Speaking Engagements

  • Call Spreads, ASRs, and Other Issuer Equity Derivatives
    February 7, 2023
  • The Law and Business of Open Source Software 2023
    February 8, 2023
  • Cross-Border M&A Tax Planning 2023: Doing Worldwide Deals From the Office 2-3 Days Per Week
    February 14, 2023
  • Investing, Trading and Doing Deals in a Dynamic World 2023: Navigating Persistent Risk
    February 16, 2023
View All Upcoming Speaking Engagements
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