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Insights – September 2023

Corporate DEI Policies Face Scrutiny Following Affirmative Action Decision

In the wake of the Supreme Court’s affirmative action decision, some diversity, equity and inclusion initiatives have come under fire. But companies can still implement well-drawn DEI policies.
Insights – September 2023

The Evolving Landscape of Administrative Law

Key U.S. Supreme Court decisions in recent years have significantly cabined the role of federal agencies and opened the door to new avenues for challenging government regulation. Even more changes may be on the horizon.
Insights – September 2023

Road Map for Navigating AI in Europe

Businesses developing or using generative AI tools in Europe need to consider current and prospective laws governing the IP, data privacy and cybersecurity implications of AI.
Insights – September 2023

The Rise of IPOs in the Gulf

The health of the IPO market in the Gulf states contrasts with most other markets and reflects robust energy prices, business-friendly government policies and efforts to bring market regulations up to global standards.
Insights – September 2023

Challenges to Being Tax Resident in an Early Pillar Two Jurisdiction

The disjointed international implementation of the OECD’s Pillar Two minimum corporate tax rules could result in anomalous tax outcomes for some multinationals and might justify short-term changes to some holding company structures.
  • Corporate DEI Policies Face Scrutiny Following Affirmative Action Decision
  • The Evolving Landscape of Administrative Law
  • Road Map for Navigating AI in Europe
  • The Rise of IPOs in the Gulf
  • Challenges to Being Tax Resident in an Early Pillar Two Jurisdiction
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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.

Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

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.

Investigations for Self-Disclosure Should Be Independent of DOJ To Avoid Fifth Amendment Issues

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.

Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

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.

Investigations for Self-Disclosure Should Be Independent of DOJ To Avoid Fifth Amendment Issues

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.

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

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.

A Practical Guide to Interpreting the New SEC Private Fund Adviser Rules

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.

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

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.

A Practical Guide to Interpreting the New SEC Private Fund Adviser Rules
Insights – September 2023
Explore the scrutiny of corporate DEI programs, how to guard against a short attack, Pillar Two tax challenges and other developments in this edition of Skadden’s quarterly Insights.

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Key Takeaways From Recent Events

  • Private Equity CISO Fireside Chat – Cybersecurity Leadership in the Age of Generative AI
    November 3, 2023
  • 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

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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