The Informed Board - Summer 2024

Skadden, Arps, Slate, Meagher & Flom LLP

[co-author: Martin Katunar]

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 Informed Board we discuss what boards need to ask and understand about these issues, as well as ways for companies to mitigate risks and establish appropriate governance procedures.

In addition, in our latest podcast, we discuss how and what companies can communicate to investors about the internal working of their boards, and what makes them effective.

AI Safety: The Role of the Board in Assessing and Managing AI Risk
To keep ahead of the risks posed by the rapid evolution of AI technology and its applications, boards need to understand the tools and AI’s role at their company, as well as the intense regulatory scrutiny AI now faces across the world.

Are Fintechs Prepared for More Regulatory Scrutiny? Questions Fintech Boards Will Want To Ask
How should fintechs prepare for growing scrutiny of their ties to banks and the possibility that U.S. elections could alter regulatory priorities? Here are some questions fintech boards should be asking.

The Age of the Algorithm: Understanding the Rewards and Risks of Algo Pricing 
Regulators and plaintiffs have set their sights on algorithmic pricing, arguing it can allow competitors to fix prices. The law is not yet settled, but there are ways for companies that use these tools to minimize their antitrust risk.

Multinationals Face Challenges as They Prepare To Comply With the EU’s Sustainability Reporting Law
Non-EU multinationals preparing to comply with the EU’s new sustainability disclosure law must undertake complex, time-consuming analyses without knowing yet exactly how the law will be implemented by member states.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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