President Trump has taken the first steps toward fulfilling his promise to reverse the Biden administration’s approach to digital assets by issuing an executive order that establishes a framework for fostering the growth of...more
2/10/2025
/ Biden Administration ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Executive Orders ,
Financial Services Industry ,
FinTech ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Revocation ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
Trump Administration
Key Points -
- Accelerated M&A activity by financial sponsors is expected in the near term due to improved market conditions and deregulation under the Trump administration.
- With the rapid development of new AI use...more
1/20/2025
/ Acquisitions ,
Artificial Intelligence ,
Capital Markets ,
Compliance ,
Cybersecurity ,
Data Privacy ,
Mergers ,
Private Equity ,
Regulatory Requirements ,
Risk Management ,
Technology Sector
At what point has a director served too long? What about term limits? A mandatory retirement age? When do a director’s skills become stale? These issues are addressed in this issue of The Informed Board, as well as why proxy...more
11/25/2024
/ Acquisitions ,
Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Investment ,
Investors ,
Machine Learning ,
Mergers ,
National Security ,
Proxy Season ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Technology Sector
With the rapid commercialization of artificial intelligence (AI) technology, the Biden administration has been grappling with its implications, including its potential impact on national security. Several departments have...more
11/22/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Export Controls ,
Machine Learning ,
National Security ,
Political Campaigns ,
Regulatory Agenda ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
On October 22, 2024, the Securities and Exchange Commission (SEC) announced enforcement actions against several technology companies for making materially misleading disclosures regarding cybersecurity risks and intrusions....more
11/11/2024
/ Cyber Attacks ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
SolarWinds ,
Technology Sector
On 30 September 2024, the UK Department of Science, Innovation and Technology announced that the Cyber Security and Resilience Bill (Bill) will be introduced to Parliament in 2025. The Bill was first announced in the King’s...more
10/15/2024
/ Artificial Intelligence ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Digital Services ,
EU ,
Incident Response Plans ,
Intellectual Property Protection ,
Legislative Agendas ,
New Legislation ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Risk Management ,
Technology Sector ,
UK
The deadline for EU countries to transpose the expanded cybersecurity directive, NIS 2, into national law is 17 October 2024, but the implementation status varies significantly from country to country. Some of the member...more
10/14/2024
/ Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Deadlines ,
EU ,
National Security ,
Popular ,
Risk Management ,
Technology Sector
In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more
9/30/2024
/ Acquisitions ,
Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Governance ,
Delaware General Corporation Law ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
Mergers ,
Non-Compete Agreements ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Technology Sector
As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risks from developing and deploying AI systems that do not function as intended or that yield problematic outcomes....more
9/30/2024
/ Artificial Intelligence ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
NIST ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Technology Sector ,
U.S. Commerce Department
AI has revolutionized the way many businesses operate. Firms in the financial sector are eager to take advantage of rapidly developing technologies but do not want to risk running afoul of relevant Securities and Exchange...more
9/16/2024
/ Artificial Intelligence ,
Broker-Dealer ,
Consumer Financial Products ,
Disclosure Requirements ,
Financial Services Industry ,
Investment Adviser ,
Machine Learning ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more
9/10/2024
/ Algorithms ,
Antitrust Division ,
Artificial Intelligence ,
Banking Sector ,
Board of Directors ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
EU ,
Financial Institutions ,
FinTech ,
Multinationals ,
Price-Fixing ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sustainability ,
Technology Sector ,
UK
As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risk from developing and deploying AI systems that do not function as intended or that yield problematic outcomes. The...more
9/4/2024
/ Artificial Intelligence ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
EU ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK
As implementation of the EU’s Digital Operational Resilience Act (DORA) approaches, financial market participants and their technology service providers (both in and out of Europe) face a critical compliance deadline. The new...more
7/19/2024
/ BaFin ,
Cybersecurity ,
Data Privacy ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Markets ,
Financial Regulatory Reform ,
Financial Services Industry ,
Regulatory Agenda ,
Technology Sector ,
UK
On 9 May 2024, Skadden held the inaugural London Space Law Symposium, where six panels of Skadden representatives and industry experts discussed legal aspects of the new space economy. The event was held in the Naim Dangoor...more
6/28/2024
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
EU ,
Financial Institutions ,
International Arbitration ,
International Litigation ,
Legislative Agendas ,
Outer Space ,
Popular ,
Regulatory Agenda ,
Sustainability ,
Taxation ,
Technology Sector ,
UK
The newly approved Artificial Intelligence Act (AI Act or the Act) aims to create a secure and trustworthy environment for the development and use of AI in the European Union....more
6/27/2024
/ Artificial Intelligence ,
Compliance ,
Consumer Financial Products ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
EU ,
FinTech ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Privacy Laws ,
Technology Sector
The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more
2/19/2024
/ Acquisitions ,
Activist ,
Artificial Intelligence ,
Board of Directors ,
Canada ,
China ,
Competition ,
Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
EU ,
Executive Orders ,
Federal Contractors ,
Financial Services Industry ,
Forced Labor ,
Germany ,
International Labor Laws ,
Life Sciences ,
Machine Learning ,
Manufacturers ,
Mergers ,
NGOs ,
Political Campaigns ,
Political Contributions ,
Political Conventions ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Shareholders ,
Technology Sector ,
UK ,
Uyghur Forced Labor Prevention Act (UFLPA)
On 21 January 2024, a near complete draft version of the proposed text for the EU AI Act was unofficially shared with the public by a European media publication, after which a senior advisor in the European Parliament shared...more
A proposed settlement action filed on December 19, 2023, by the Federal Trade Commission (FTC) against Rite Aid Corp. highlights some of the key issues presented when companies use artificial intelligence (AI) for facial...more
1/8/2024
/ Algorithms ,
Artificial Intelligence ,
Commercial Litigation ,
Customer Privacy ,
Customers ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rite Aid ,
Settlement Proposals ,
Technology Sector
AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more
12/22/2023
/ Acquisitions ,
Artificial Intelligence ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Energy Sector ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Litigation ,
Investment ,
IRS ,
Mergers ,
National Security ,
New Hires ,
New Legislation ,
New Regulations ,
Outer Space ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Taxation ,
Technology Sector ,
Trade Relations ,
Trade Restrictions ,
UK
A recent draft of the EU Agency for Cybersecurity’s (ENISA’s) European Union Cybersecurity Certification Scheme on Cloud Services (EUCS) reveals what requirements are currently being considered (and what requirements have...more
On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector