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Insights – September 2020

Insights Conversations: DOJ Enforcement Priorities

Former U.S. attorney Jessie K. Liu recently joined Skadden from her role overseeing the U.S. Attorney’s Office in Washington, D.C. Litigation partners Bradley A. Klein and Gregory M. Luce discussed with Jessie the Department of Justice’s current enforcement priorities, including some that may result in new False Claims Act risks for individuals and entities to consider heading into 2021.

Insights – September 2020

Future-Proofing: How To Plan a Successful Exit

Ensuring that a company’s venture financing documentation provides for a smooth and orderly exit is more essential than ever in the current volatile economic climate. Founders and their companies should consider several key points to avoid unintended consequences as they approach an exit.

Insights – September 2020

When Arbitration Meets Bankruptcy: Considering Arbitration Options in the Wake of a Growing Rise in Corporate Insolvencies

Companies with arbitration clauses in their commercial agreements may wish to consider the impact of insolvency on their options for pursuing pending or future arbitrations, especially as the long-term effects of COVID-19 play out as more companies consider restructurings.

Insights – September 2020

Planning Ahead: Virtual Shareholder Meetings in the 2021 Proxy Season

Although the future of the COVID-19 pandemic and the prospects for in-person shareholder meetings are unclear, companies have the ability to plan for virtual shareholder meetings in a more orderly and methodical fashion than they did for 2020 meetings. Companies may want to engage with their shareholders now to obtain investor feedback and prepare for “virtual proxy season 2.0.”

<em>Insights</em> Conversations: DOJ Enforcement Priorities
Future-Proofing: How To Plan a Successful Exit
When Arbitration Meets Bankruptcy: Considering Arbitration Options in the Wake of a Growing Rise in Corporate Insolvencies
Planning Ahead: Virtual Shareholder Meetings in the 2021 Proxy Season

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Despite the business interruption COVID-19 has caused, especially early in the year, the European high-yield market remains strong. Adaptation to the current environment and innovation in bond terms and covenants continue to characterize the high-yield market in these unparalleled times.

European High-Yield Market Responds to COVID-19

With the Black Lives Matter movement and issues of racial equality more generally continuing to resonate, many employers are working to meaningfully enhance their approaches to attracting and retaining a diverse workforce.

Developing a Diverse Workforce

Companies can expect to see shareholder derivative litigation related to allegations surrounding COVID-19 and structural racism filed over the next year. Boards are well advised to actively monitor the company’s response to and disclosures on those issues to minimize their risk of exposure to such suits.

Shareholder Derivative Suits Likely To Extend to COVID-19, Racial Equality

The Trump administration has reversed the FDA's position on its oversight of laboratory-developed tests, stating that such tests would not be subject to premarket review. Laboratories must now decide whether to voluntarily seek an emergency use authorization from the FDA for their tests or proceed without it. This latest development makes clear that lasting guidance is necessary for all parties to navigate the world of such tests with some measure of certainty, both during COVID-19 and beyond.

FDA Oversight of Laboratory-Developed Tests Continues To Evolve

Insights – September 2020

This quarterly edition covers, among other critical issues and developments, the rise of sustainability-linked loans, a Q&A with former U.S. attorney Jessie Liu on DOJ enforcement priorities and an update on the European high-yield market.

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Key Takeaways From Recent Webinars

Key Takeaways | Developments and Trends in Securities Litigation: Mid-Year Update 2020

October 28, 2020
Litigation, Exposure and Insurance During the COVID-19 Pandemic

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Upcoming Speaking Engagements

The Law and Business of Open Source Software 2020

November 2, 2020
Trends in IP Litigation and the Impact of 2020 Moving Forward

November 17, 2020

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