Inside the Courts – An Update From Skadden Securities Litigators
Topics Panel Section
AI Takes Centre Stage at the Oscars as the UK Creative Industry Urges Protection of Copyrighted Works
The creative industry has pushed back on proposals from the UK government’s Copyright and AI consultation, but any reforms would apply to use of all lawfully accessed text and data, affecting any copyrighted works shared therein.
State Attorneys General May Fill Enforcement Void Left by Shift in Federal Priorities
State AGs are expected to continue investigating matters relating to consumer protection and youth health, data privacy and cybersecurity, consumer financial services, AI and securities fraud, particularly as federal enforcement may wane.
The creative industry has pushed back on proposals from the UK government’s Copyright and AI consultation, but any reforms would apply to use of all lawfully accessed text and data, affecting any copyrighted works shared therein.
State AGs are expected to continue investigating matters relating to consumer protection and youth health, data privacy and cybersecurity, consumer financial services, AI and securities fraud, particularly as federal enforcement may wane.
The UK Supreme Court refused to extradite a defendant to the US in an insider dealing case where his actions took place entirely in the UK, a ruling that could make it harder for the US to apply its financial crime laws extraterritorially.
In a Lanham Act case, the Supreme Court reversed an order requiring a disgorgement of profits by affiliates of the named defendant that were not parties to the suit, saying that corporate forms should not be ignored.
El-Khouri: Is UK-US Extradition on Its Way to Becoming an Ex-Tradition?
The UK Supreme Court refused to extradite a defendant to the US in an insider dealing case where his actions took place entirely in the UK, a ruling that could make it harder for the US to apply its financial crime laws extraterritorially.
Supreme Court Limits Lanham Act Disgorgement to Named Defendants’ Profits
In a Lanham Act case, the Supreme Court reversed an order requiring a disgorgement of profits by affiliates of the named defendant that were not parties to the suit, saying that corporate forms should not be ignored.
Skadden Publication / The Nucleus: Life Sciences Enforcement and Regulatory UpdatesAvia M. Dunn, Rachel TurowMarch 13, 2025Health Secretary Kennedy has directed FDA to revise the GRAS final rule on how food additives are deemed safe, thereby initiating a significant shift in the regulation of ultra-processed foods.
On March 12, Skadden’s New York office hosted its second annual Sports Summit. The event was attended by professionals focused on sports business, including executives from professional sports leagues and teams, financial sponsors, prominent companies in the sector, athletes turned investors, and financial and legal advisers.
Reuters Legal NewsAlexander C. Drylewski, Stuart D. Levi, Mana GhaemmaghamiMarch 11, 2025y requirement for mass adoption of fully decentralized blockchain networks is a process through which parties to a transaction can enter into legally binding agreements.
Skadden Publication / The Preferred ReturnGreg Norman, Sebastian J. Barling, Abigail B. Reeves, Annabella W. DeaneMarch 11, 2025
After studying multiple firms, the FCA has released detailed findings regarding the valuation of private market assets, with best practices recommendations to ensure that valuations are well-grounded and firms avoid conflicts of interest.
Harvard Law School Forum On Corporate GovernanceBrian V. Breheny, Raquel Fox, Marc S. Gerber, Joshua Shainess, Kyle WileyMarch 11, 2025New SEC guidance on eligibility to file Schedule 13G beneficial ownership reports will likely make institutional investors cautious when engaging with companies.
On March 7, New York shareholder engagement and activism head Elizabeth Gonzalez-Sussman and mergers and acquisitions partner Ann Beth Stebbins will appear as speakers during the 37th Annual Tulane Corporate Law Institute in New Orleans.
Skadden Publication / SEC Reporting & Compliance AlertBrian V. Breheny, Raquel Fox, Marc S. Gerber, Andrew J. Brady, Caroline S. Kim, Leo W. Chomiak, Jeongu Gim, Nicholas D. Lamparski, Khadija L. Messina, Joshua Shainess, Sydney E. Smith, Kyle WileyMarch 7, 2025New SEC guidance on eligibility to file Schedule 13G beneficial ownership reports will likely make institutional investors cautious when engaging with companies. Companies should anticipate that and act proactively to address likely concerns.
Skadden Publication / SEC Reporting & Compliance AlertBrian V. Breheny, Raquel Fox, Andrew J. Brady, Caroline S. Kim, Leo W. Chomiak, Jeongu Gim, Nicholas D. Lamparski, Khadija L. Messina, Joshua Shainess, Sydney E. Smith, Kyle WileyMarch 5, 2025When finalizing proxy materials for annual shareholder meetings, companies should confirm they have complied with new disclosure requirements and have made all required filings. We outline recent updates for consideration.
Skadden Publication / AI InsightsDeborah J. Kirk, Alistair HoMarch 5, 2025The creative industry has pushed back on proposals from the UK government’s Copyright and AI consultation, but any reforms would apply to use of all lawfully accessed text and data, affecting any copyrighted works shared therein.
Skadden Publication / The Preferred ReturnGreg Norman, Sebastian J. Barling, Abigail B. Reeves, William K. HardawayMarch 5, 2025In its annual letter to asset managers, the FCA outlined supervisory priorities, including valuations, conflicts of interest, consumer protections and streamlining regulations. Market resiliency and financial crime were also cited.
On March 5, New York litigation co-head Susan Saltzstein and partners Lara Flath and Tansy Woan will participate in the panel “Updates on Trends and Recent Developments in Securities Litigation” at the National Retail Federation’s Retail Law Summit.
Skadden Publication / SEC Reporting & Compliance AlertBrian V. Breheny, Raquel Fox, Andrew J. Brady, Caroline S. Kim, Leo W. Chomiak, Jeongu Gim, Nicholas D. Lamparski, Khadija L. Messina, Joshua Shainess, Sydney E. Smith, Kyle WileyMarch 5, 2025A March 3, 2025, change by the SEC Division of Corporation Finance is likely to reduce the potential for lengthy exposure to market fluctuations that can adversely affect an offering process and harm existing public shareholders.
On March 4, Skadden hosted the webinar “How To Effectively Establish and Maintain a PAC.” Skadden speakers included political law compliance and investigations head Ki Hong, Washington, D.C. partner Charles Ricciardelli and counsel Melissa Miles.
Skadden Publication / Executive Briefing: Latest Updates on the Trump AdministrationBrooks E. Allen, Julie Bédard, Jennifer Permesly, Kristina FridmanMarch 4, 2025The March 4, 2025, tariffs on goods from Canada, Mexico and China will require careful review of affected contracts and could prompt legal and contractual challenges for companies.
Harvard Law School Forum on Corporate GovernanceBrian V. Breheny, Raquel Fox, Marc S. GerberMarch 4, 2025The designation of Mark Uyeda as acting chair of the SEC in January 2025 has led to a number of significant policy developments.
Skadden Publication / The Capital RatioSebastian J. Barling, Robert A. Chaplin, George T. F. Gray, Wilf OdgersMarch 3, 2025In a speech, the FCA’s executive director explained the authority’s approach to management of the systemic risk of leverage used by non-bank financial intermediaries, stressing sound risk management by investment funds and their lenders.
Skadden Publication / White Collar Defense and InvestigationsAndrew M. Good, Jonathan Benson, Jason Williamson, Frank Lech, Leslie R. ReidMarch 3, 2025The UK Supreme Court refused to extradite a defendant to the US in an insider dealing case where his actions took place entirely in the UK, a ruling that could make it harder for the US to apply its financial crime laws extraterritorially.