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Privacy & Cybersecurity Update - November 2021

In this month’s Privacy & Cybersecurity Update, we examine the FBI’s warning to companies regarding cyberattacks targeting confidential M&A activity, as well as the Cybersecurity and Infrastructure Security Agency’s directive...more

Privacy & Cybersecurity Update - October 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the FTC’s changes to the Gramm-Leach-Bliley Act’s Safeguards Rule and the CFPB’s order requiring six tech companies to disclose information regarding...more

European Court Confirms Commission’s Highest Fine to Date for Gun-Jumping

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The...more

Privacy & Cybersecurity Update - September 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency's public comment period for the California Privacy Rights Act, the U.K. government's public consultation...more

Privacy & Cybersecurity Update - August 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine FINRA’s report on cloud computing, Connecticut’s new safe harbor for companies following certain cybersecurity protocols and a district court dismissal...more

Privacy & Cybersecurity Update - July 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine cybersecurity guidance issued by New York state, and the Cybersecurity and Infrastructure Security Agency’s new “Bad Practices” website outlining what...more

UK Antitrust Shakeup Would Increase Merger Scrutiny, Broaden Investigative Powers and Create New Oversight of Big Tech

The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections....more

Distribution Duel: UK and EU Competition Reforms Threaten To Create Conflicting Rules on Parity Clauses and Dual Distribution

The European Union and United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution...more

Privacy & Cybersecurity Update - June 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the European Commission’s new Standard Contractual Clauses and the European Data Protection Board’s new recommendations on international data flows. We...more

EU Proposes New M&A and Procurement Control Legislation To Combat Foreign Subsidies

The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include...more

Privacy & Cybersecurity Update - April 2021

In this month's edition of our Privacy & Cybersecurity Update, we examine the Second Circuit's ruling allowing standing for increased risk of identity theft following a data breach, the European Commission's recently released...more

Merger Control Reviews: Spotlight on Internal Documents

In a webinar held on March 25, 2021, Skadden antitrust/competition partners Kenneth Schwartz and Ingrid Vandenborre joined Charles River Associates vice presidents Andrew Dick and Oliver Latham to discuss the important role...more

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

New EU Guidance Creates Legal Uncertainty for Merger Control and a De Facto ‘Killer Acquisition’ Review Power

The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control...more

Privacy & Cybersecurity Update - March 2021

In this month’s edition, we examine California’s new regulations enhancing opt-out rights in the California Consumer Privacy Act and the state's selections for the California Privacy Protection Agency’s inaugural board. We...more

‘Power to the People’: Long-Awaited UK Report Calls for Streamlining and Enhanced Legal Predictability in UK Antitrust Regime

Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the...more

EU-UK Antitrust Enforcement and Cooperation

The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021....more

Privacy & Cybersecurity Update - February 2021

In this month's edition of our Privacy & Cybersecurity Update, we examine the New York Department of Financial Services' issuance of the first-ever cyber insurance risk guidance framework, the Eleventh Circuit's ruling...more

Privacy & Cybersecurity Update - January 2021

In this month's edition, we examine the European Commission's Digital Services Act and its potential regulatory impact, the National Institute of Standards and Technology's draft guidance on internet-of-things devices'...more

New Blocking Rules Adopted in China May Force Companies To Choose Between US or China Law

On January 9, 2021, China’s Ministry of Commerce (MOFCOM) issued Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (Blocking Rules), effective immediately. The Blocking...more

Trends and Key Issues in Fintech M&A

In a webinar held on 10 December 2020, Skadden partners Sonia Nijjar, Simon Toms and Ingrid Vandenborre were joined by Charles River Associates (CRA) Senior Adviser and Deputy Chair of the Bank of England’s Enforcement...more

Antitrust and the EU-UK Trade and Cooperation Agreement

The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective...more

Digital Deals — Navigating CMA Scrutiny

The U.K. Competition & Markets Authority (CMA), which is on the cusp of becoming an independent merger regulator post-Brexit, is already known for its readiness to investigate global digital deals, issue freezing orders and...more

UK Competition and Markets Authority Has Proposed Updates to Merger Assessment

Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines)...more

Privacy & Cybersecurity Update - November 2020

In this month’s edition of our Privacy & Cybersecurity Update, we examine the passage of the ballot initiative that enacts the California Privacy Rights Act, the U.K. Information Commissioner’s Office’s final guidance on data...more

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