Inside the Courts – An Update From Skadden Securities Litigators
Topics Panel Section
Delaware Amendments Provide Safe Harbors for Interested D&O and Controller Transactions, and Restrict Books and Records Demands
Changes to Delaware’s corporate code clarify standards for director independence, establish safe harbors for controlling stockholder and other interested transactions, limit controllers’ liability, and restrict books and records demands.
Court Upholds Legality of Poison Pills for Closed-End Funds but Limits Successive Plans
A New York federal court has held that a closed-end fund can use a shareholder rights plan to fend off a control-seeking hedge fund — a significant development in the ongoing battle between closed-end funds and hedge funds. The court, however, limited multiple successive plans in certain specific circumstances.
Changes to Delaware’s corporate code clarify standards for director independence, establish safe harbors for controlling stockholder and other interested transactions, limit controllers’ liability, and restrict books and records demands.
A New York federal court has held that a closed-end fund can use a shareholder rights plan to fend off a control-seeking hedge fund — a significant development in the ongoing battle between closed-end funds and hedge funds. The court, however, limited multiple successive plans in certain specific circumstances.
We are pleased to publish our quarterly briefing covering the most important developments for UK PLCs, UK equity capital markets and UK public M&A. In this issue, we review developments from the first quarter of 2025.
A recent FCA settlement signals that the Trump administration will likely continue to pursue cases against government contractors involving alleged cybersecurity misrepresentations and false statements.
We are pleased to publish our quarterly briefing covering the most important developments for UK PLCs, UK equity capital markets and UK public M&A. In this issue, we review developments from the first quarter of 2025.
Government Contractor Settles FCA Case Over Cybersecurity Maturity Model Certification Violations
A recent FCA settlement signals that the Trump administration will likely continue to pursue cases against government contractors involving alleged cybersecurity misrepresentations and false statements.
Skadden Publication / Cybersecurity and Data Privacy UpdateWilliam E. Ridgway, David A. Simon, Tatiana O. Sullivan, Lisa Marie RechdenApril 4, 2025
A recent FCA settlement signals that the Trump administration will likely continue to pursue cases against government contractors involving alleged cybersecurity misrepresentations and false statements.
On April 3, mass torts, insurance and consumer litigation practice leader John Beisner and New York partners Michael McTigue, Jr. and MeredithSlawe will take part in a Washington Legal Foundation webinar on “Mass Arbitration: Plaintiffs’ Latest Tactics, Defense Strategies, and Judicial Developments.”
Skadden PublicationDanny Tricot, Simon Toms, Craig Kelly, Kathryn Gamble, Justin Lau, James MichelsonApril 3, 2025We are pleased to publish our quarterly briefing covering the most important developments for UK PLCs, UK equity capital markets and UK public M&A. In this issue, we review developments from the first quarter of 2025.
Skadden Publication / Insights: Delaware AlertFaiz Ahmad, Edward B. MichelettiApril 2, 2025Changes to Delaware’s corporate code clarify standards for director independence, establish safe harbors for controlling stockholder and other interested transactions, limit controllers’ liability, and restrict books and records demands.
Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva
Harvard Law School Bankruptcy RoundtableShana A. Elberg, Moshe S. Jacob, Bram A. StrochlicApril 1, 2025
Skadden Publication / Investment Management AlertEben P. Colby, Elizabeth R. Gonzalez-Sussman, Kevin T. Hardy, Michael K. Hoffman, Cameron Jordan, Scott D. Musoff, Marley Ann BrummeApril 1, 2025A New York federal court has held that a closed-end fund can use a shareholder rights plan to fend off a control-seeking hedge fund — a significant development in the ongoing battle between closed-end funds and hedge funds. The court, however, limited multiple successive plans in certain specific circumstances.
Reuters Legal NewsKi P. Hong, Charles M. Ricciardelli, Alexa O. SantryApril 1, 2025In a recent memorandum, Attorney General Pam Bondi outlined changes to specific Department of Justice enforcement priorities.
The Compliance Chill: Will Trump's FCPA Pause Lead to a SupTech Slowdown – Or a Quiet Rethink?
Corporate Disputes MagazineEmily Haffner, Caroline Van Ness, Madison FlowersApril 2025
On April 1, insurance M&A co-head Elena Coyle, executive compensation and benefits partner Michael Wiseman and financial institutions associate Matthew Roberts participated in NYU Law’s “Deal Day: Project Manifest” event for a discussion on the restructuring of Global Indemnity Insurance.
Skadden Publication / Cybersecurity and Data Privacy UpdateNicola Kerr-Shaw, Aleksander J. Aleksiev, Alex SmallwoodApril 1, 2025The ICO has fined a data processor after a ransom attack, highlighting the importance of cybersecurity planning and preparedness for all companies processing personal data. We review five lessons for companies to observe.
Action Items for Proxy Season 2025
The Corporate BoardBrian V. Breheny, Raquel Fox, Page W. GriffinMarch/April 2025
Skadden Publication / White Collar Defense and InvestigationsDavid Meister, Chad E. Silverman, Peter A. Varlan, Greg ZaffinoMarch 31, 2025The director of enforcement at the U.S. Commodity Futures Trading Commission discussed how companies can observe recent guidance on self-reporting, cooperation with the division and mitigation credit in legal compliance.
Skadden Publication / White Collar Defense and InvestigationsAndrew M. Good, Jonathan Benson, Vanessa K. McGoldrick, Jason Williamson, Frank LechMarch 28, 2025If enacted in its current form, the Crime and Policing Bill that has passed its second reading in the UK Parliament will make it significantly easier for companies to be held liable for criminal offences committed by their senior managers.
Skadden Publication / The Nucleus: Life Sciences Enforcement and Regulatory UpdatesRachel TurowMarch 27, 2025We review FDA’s recent announcement regarding “validated methods” and present six actions manufacturers and owners of beauty/personal care brands can take to mitigate regulatory risk in their business strategy.
Skadden Publication / The Nucleus: Life Sciences Enforcement and Regulatory UpdatesAvia M. Dunn, Maya P. Florence, Rachel Turow, Nicole L. GrimmMarch 26, 2025Dr. Martin Makary, a noted critic of "medical groupthink" and advocate for rigorous scientific evidence, has been confirmed as the new FDA commissioner, taking charge during a period of significant staffing cuts and regulatory challenges.
Cloud Services Sourcing Regulations: Moving in the Right Direction?
Tax NotesPaul W. Oosterhuis, Will Shirey, Moshe A. GershenfeldMarch 25, 2025
Skadden Publication / White Collar Defense and InvestigationsBrooks E. Allen, Alessio D. Evangelista, Eytan J. Fisch, Raquel Fox, Alejandro Gonzalez Lazzeri, Ryan D. Junck, Timothy G. Nelson, Bora P. Rawcliffe, Ondrej Chvosta, Zaneta WykowskaMarch 25, 2025The U.S. government’s focus on cartels and transnational criminal organizations exposes banks and companies with touchpoints to these groups to potential criminal and civil liability, even if there is little U.S. “nexus.”
Skadden Publication / AI InsightsStuart D. Levi, William E. RidgwayMarch 25, 2025The Virginia governor’s veto of the state Legislature’s AI bill suggests that AI regulation may be evolving into a partisan issue and also highlights the inherent difficulties in regulating AI.
Skadden PublicationBrooks E. Allen, Brian J. Egan, Jonathan Benson, Frank LechMarch 24, 2025The EU is fast formulating its response to new US tariffs. Unlike in 2018 and 2020, when the first Trump administration imposed tariffs, the EU now has an additional mechanism, the 2023 EU Anti-Coercion Instrument, with which to respond.
