Latest From Skadden

  • The Impact of SEC Staff Guidance on Shareholder Proposals Leaves a Murky Path Forward
    Skadden, Arps, Slate, Meagher & Flom LLP
    Marc S. Gerber, Hagen J. Ganem, Ryan J. Adams
    Guidance and no-action decisions from the staff of the SEC's Division of Corporation Finance provide important guideposts, but the path forward on many shareholder proposals remains murky.
  • Anonymous Online Speech: Considerations for Victims and Speakers
    Skadden, Arps, Slate, Meagher & Flom LLP
    Margaret E. Krawiec, David B. Leland, Jennifer L. Spaziano, Lane Page
    In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims, but unmasking an anonymous critic and holding them responsible is no small challenge. Conversely, companies and individuals may choose to speak anonymously for a variety of reasons. Anonymous speech is protected by the First Amendment, but these protections are not boundless.
  • Delaware Court Precludes Creditors of Limited Partnership From Pursuing Derivative Claims
    Skadden, Arps, Slate, Meagher & Flom LLP
    Joseph O. Larkin, Robert A. Weber, Jason S. Levin
    A recent U.S. Bankruptcy Court for the District of Delaware decision, Gavin/Solmonese v. Citadel Energy Partners, serves as an important extension of the court's growing body of opinions addressing whether and when derivative claims on behalf of Delaware alternative entities may be asserted in bankruptcy.