Insights
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- 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
Topics Panel Section
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.
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.
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.
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.
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.
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.
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.
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.
Latest From Skadden
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New Protections and Financial Incentives for Whistleblowers in the USFebruary 2023
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Capital Markets Review 2022: Doors Open to Chinese Issuers in Hong Kong and the U.S.December 30, 2022
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Executive Compensation: Considerations for UK Companies for the 2023 Voting SeasonJanuary 26, 2023
Key Takeaways From Recent Events
Upcoming Speaking Engagements
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Call Spreads, ASRs, and Other Issuer Equity DerivativesFebruary 7, 2023
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The Law and Business of Open Source Software 2023February 8, 2023
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Cross-Border M&A Tax Planning 2023: Doing Worldwide Deals From the Office 2-3 Days Per WeekFebruary 14, 2023
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Investing, Trading and Doing Deals in a Dynamic World 2023: Navigating Persistent RiskFebruary 16, 2023