Insights
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- Corporate DEI Policies Face Scrutiny Following Affirmative Action Decision
- The Evolving Landscape of Administrative Law
- Road Map for Navigating AI in Europe
- Challenges to Being Tax Resident in an Early Pillar Two Jurisdiction
- Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed
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Reducing the Risk of ‘Greenwashing’ Litigation
Businesses can reduce the risk of greenwashing suits by ensuring they can support claims on the front label and that any caveats are prominent. Back-of-the-package caveats and disclaimers are disfavored by courts.
Investigations for Self-Disclosure Should Be Independent of DOJ
When interviewing employees about possible misconduct with an eye to corporate self-disclosure, companies should avoid taking substantial direction from the DOJ, as that could provide a Fifth Amendment defense to employees facing criminal charges.
Businesses can reduce the risk of greenwashing suits by ensuring they can support claims on the front label and that any caveats are prominent. Back-of-the-package caveats and disclaimers are disfavored by courts.
When interviewing employees about possible misconduct with an eye to corporate self-disclosure, companies should avoid taking substantial direction from the DOJ, as that could provide a Fifth Amendment defense to employees facing criminal charges.
This edition offers insights on, among other topics, recent U.S. court decisions relating to arbitration, key arbitration developments in Brazil and French court proceedings related to an investment treaty arbitration.
Our reference guide to the SEC’s new Private Fund Adviser Rules includes a detailed summary of the new requirements (along with commentary derived from the SEC’s adopting release) to provide interpretative guidance for investment advisers and private fund advisers.
Latin America Dispute Resolution Update – September 2023
This edition offers insights on, among other topics, recent U.S. court decisions relating to arbitration, key arbitration developments in Brazil and French court proceedings related to an investment treaty arbitration.
A Practical Guide to Interpreting the New SEC Private Fund Adviser Rules
Our reference guide to the SEC’s new Private Fund Adviser Rules includes a detailed summary of the new requirements (along with commentary derived from the SEC’s adopting release) to provide interpretative guidance for investment advisers and private fund advisers.
Latest From Skadden
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FDA Issues Long-Awaited Proposed Rule To Regulate Laboratory-Developed TestsOctober 2, 2023
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Skadden Discusses Additional SEC Pay-Versus-Performance Compliance and Disclosure InterpretationsOctober 2, 2023
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Privacy & Cybersecurity Update – September 2023September 2023
Key Takeaways From Recent Events
Upcoming Speaking Engagements
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2023 Closed-End Fund ConferenceNovember 14, 2023
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Twenty-First Annual Directors’ Institute on Corporate GovernanceNovember 27, 2023
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Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2023October 25-27; November 15-17; December 6-8