Shareholder activism remains pervasive in the corporate landscape, as many companies continue to face new, and sometimes more sophisticated, activist situations. Recent activism-related trends indicate that the landscape is...more
9/27/2019
/ Acquisitions ,
Board of Directors ,
Corporate Governance ,
Institutional Investors ,
Mergers ,
Private Equity ,
Proxy Contests ,
Publicly-Traded Companies ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Parliament's report on whether and how the use of blockchain technology can comply with the General Data Protection Regulation, as well as...more
9/5/2019
/ Blockchain ,
Consumer Protection Laws ,
Cyber Policies ,
Cybersecurity ,
Data Protection ,
Data Security ,
EU ,
European Parliament ,
False Claims Act (FCA) ,
Federal Contractors ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Misrepresentation ,
NAIC ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Security Risk Assessments ,
Settlement ,
State Data Breach Notification Statutes ,
State Insurance Administrations ,
Whistleblower Awards ,
Whistleblowers
On August 21, 2019, the Securities and Exchange Commission (SEC), by a 3-2 vote, issued two separate releases providing interpretive guidance relating to the proxy voting process. One release addresses the proxy voting...more
8/27/2019
/ Anti-Fraud Provisions ,
Corporate Governance ,
Institutional Shareholder Services (ISS) ,
Interpretive Rule ,
Investment Adviser ,
Investment Management ,
Proxy Advisory Firms ,
Proxy Season ,
Proxy Voting ,
Proxy Voting Guidelines ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)
In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more
8/2/2019
/ Article III ,
Biometric Information ,
Consumer Protection Laws ,
Cookies ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Debit and Credit Card Transactions ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Malware ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Search Results ,
Settlement ,
Spokeo v Robins ,
Standing ,
State and Local Government ,
State Data Breach Notification Statutes ,
UK
In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more
7/2/2019
/ Appeals ,
Business Associates ,
Consumer Privacy Rights ,
Credit Cards ,
Cybersecurity ,
Data Breach ,
Data Sellers ,
Dish Network ,
EU Cybersecurity Act ,
European Council ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet Service Providers (ISPs) ,
Liability ,
Merchant Fees ,
Opt-Outs ,
Payment Processors ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes ,
TCPA
In this month's edition of our Privacy & Cybersecurity Update, we examine expanded data breach notification laws in New Jersey and Washington state, as well as the SEC's risk alert regarding cloud-based storage solutions. We...more
6/3/2019
/ Amended Rules ,
Annual Reports ,
Cloud Storage ,
Cybersecurity ,
Data Breach ,
Data Protection Authority ,
Data Security ,
Federal Trade Commission (FTC) ,
Finland ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
State Data Breach Notification Statutes ,
UK
In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more
5/1/2019
/ Broker-Dealer ,
Canada ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cyber Policies ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Denial of Insurance Coverage ,
Designated Contract Markets (DCMs) ,
ENISA ,
Equifax ,
EU ,
Fines ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Hackers ,
Investment Adviser ,
NCSC ,
OCIE ,
PIPEDA ,
Popular ,
Privacy Comissioners ,
Privacy Laws ,
Privacy Policy ,
Putative Class Actions ,
Regulation S-P ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Surveys ,
TCPA ,
UK ,
UK Data Protection Act ,
UK ICO ,
Unsolicited Faxes
In 2018, robust U.S. and global M&A activity substantially mitigated the downside risk for activist investors. With political uncertainty ahead of the 2020 presidential election, unsettled questions on trade and tariffs, and...more
4/23/2019
/ Acquisitions ,
Activist Investors ,
Board of Directors ,
Corporate Counsel ,
Environmental Social & Governance (ESG) ,
Index Funds ,
Mergers ,
Popular ,
Private Equity ,
Proxy Season ,
Publicly-Traded Companies ,
Shareholder Activism
In this month's edition of our Privacy & Cybersecurity Update, we examine new cybersecurity legislation in California and Massachusetts, the British government's updates to its cybersecurity laws in anticipation of Brexit and...more
4/2/2019
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Class Certification ,
Credit Reporting Agencies ,
Credit Reports ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Popular ,
Privacy Laws ,
Public Comment ,
State Data Breach Notification Statutes ,
Thailand ,
UK ,
UK Brexit
In this month's edition, we examine a judge's ruling allowing an investor suit against Equifax, the dismissal of a class action against the insurer CareFirst and President Donald Trump's launch of a federal artificial...more
3/4/2019
/ Artificial Intelligence ,
Class Action ,
Cybersecurity ,
Data Breach ,
Department of Financial Services ,
Dismissals ,
Equifax ,
Facebook ,
Federal Cartel Offices ,
Federal Data Privacy ,
GAO ,
Germany ,
Investors ,
NAIC ,
NYDFS ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Trump Administration ,
User-Generated Content
In this month's edition, we examine cybersecurity-related state Supreme Court rulings in Pennsylvania, Vermont and Illinois; the Department of Health and Human Services' cybersecurity guidelines for the health care industry;...more
2/2/2019
/ Actual Injuries ,
Adequacy Requirement ,
Annual Reports ,
Attorney General ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Common Law Claims ,
Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection Acts ,
Data Protection Authority ,
Denial of Insurance Coverage ,
Department of Health and Human Services (HHS) ,
Employee Privacy Rights ,
EU ,
EU-US Privacy Shield ,
IL Supreme Court ,
Japan ,
Neiman Marcus ,
New Guidance ,
PA Supreme Court ,
Phishing Scams ,
Policy Exclusions ,
Public Hearing ,
Security Standards ,
Settlement ,
State Attorneys General ,
Statutory Rights ,
VT Supreme Court
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's second annual review of the Privacy Shield and the Department of Commerce's guidance on how to comply with the Privacy Shield...more
1/4/2019
/ Artificial Intelligence ,
Banking Sector ,
Cybersecurity ,
Data Protection ,
Data Protection Commissioner ,
Ethics ,
EU ,
EU-US Privacy Shield ,
European Central Bank ,
European Commission ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Identity Theft ,
Payment Systems ,
Popular ,
Privacy Policy ,
Proposed Amendments ,
Public Comment ,
Security Risk Assessments ,
U.S. Commerce Department ,
UK Brexit
In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield, a new lawsuit from a snack food...more
12/5/2018
/ Administrative Review ,
Artificial Intelligence ,
Banks ,
Cyber Attacks ,
Cyber Lexicon ,
Cybersecurity ,
Data Protection ,
Data Protection Officers (DPOs) ,
Denial of Insurance Coverage ,
EDPS ,
Ethics ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
Financial Institutions ,
Financial Stability Board ,
FSB ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Insurance Litigation ,
Malware ,
Personal Data ,
Policy Exclusions ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Property Insurance ,
Ransomware ,
Secretary of Commerce
On October 23, 2018, the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission (SEC) published Staff Legal Bulletin No. 14J (SLB 14J), which provides important guidance concerning shareholder...more
10/25/2018
/ Board of Directors ,
Corporate Governance ,
Executive Compensation ,
Micromanagement ,
New Guidance ,
No-Action Relief ,
Ordinary Business Exception ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals ,
Shareholders
In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more
10/2/2018
/ Affirmative Defenses ,
Amended Rules ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Computer Fraud Insurance ,
Cybersecurity ,
Data Breach ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Internet of Things ,
Personal Data ,
Popular ,
Privacy Policy ,
Private Right of Action ,
Social Engineering ,
State Attorneys General ,
State Legislatures ,
UK ,
UK ICO
In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S....more
9/7/2018
/ Appeals ,
Brazil ,
Breach Notification Rule ,
CNIL ,
Computer Fraud Insurance ,
Consent ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection Acts ,
Data Protection Authority ,
Data Protection Officers (DPOs) ,
Data Retention ,
Denial of Insurance Coverage ,
Department of Homeland Security (DHS) ,
Email ,
Enforcement Actions ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Extraterritoriality Rules ,
France ,
Fraudulent Transfers ,
General Data Protection Regulation (GDPR) ,
Geological Data ,
International Data Transfers ,
Japan ,
Japan-EU Economic Partnership Agreement (EPA) ,
NCCIC ,
Personal Data ,
Policy Terms ,
Popular ,
Public Private Partnerships (P3s) ,
Reciprocity Rules ,
Reversal ,
Scams ,
Social Engineering ,
Spoofing ,
Standard Contractual Clauses ,
Warning Letters ,
Wire Fraud
On March 28, 2018, Skadden hosted the webinar “Navigating the Current Landscape of Shareholder Activism,” the fifth and final program in the 2017-18 SEC Reporting & Compliance and Corporate Governance Series. The panelists...more
Companies have important decisions to make as they prepare for their 2018 annual meeting and reporting season. We have prepared a checklist of key corporate governance, executive compensation and disclosure matters on which...more
12/4/2017
/ Annual Meeting ,
Auditors ,
Corporate Governance ,
Cybersecurity ,
D&O Insurance ,
Dodd-Frank ,
Executive Compensation ,
Filing Requirements ,
Pay Ratio ,
Proxy Access ,
Proxy Voting Guidelines ,
Publicly-Traded Companies ,
Say-on-Pay ,
Securities and Exchange Commission (SEC) ,
XBRL Filing Requirements
Proxy advisory firm Institutional Shareholder Services (ISS) recently announced updates to its U.S. proxy voting guidelines for the 2018 proxy season. Although the updates are not likely to have a significant impact on 2018...more
11/21/2017
/ Board of Directors ,
Climate Change ,
Director Compensation ,
Diversity ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
Institutional Shareholder Services (ISS) ,
Pay Gap ,
Pay-for-Performance ,
Pledges ,
Proxy Season ,
Proxy Voting Guidelines ,
Say-on-Pay ,
Shareholder Rights ,
Shareholder Votes ,
Special Purpose Acquisition Companies (SPACs)
The Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission (SEC) recently published Staff Legal Bulletin No. 14I (SLB 14I), which provides important new and timely guidance for companies and...more
In the past year, more than 50 publicly traded companies, including 19 on the Standard & Poor’s 500 index, have amended their bylaws to address the potential for a so-called “placeholder slate” of directors. The bylaw...more
In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more
8/2/2017
/ Children's Toys ,
Civil Monetary Penalty ,
Consumer Financial Products ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Dismissals ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Incident Response Plans ,
Lenders ,
Member State ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
Settlement ,
Standing ,
Unfair or Deceptive Trade Practices
In this edition of our Privacy & Cybersecurity Update, we discuss how the prospect of a new chair and three new commissioners at the FTC may impact the agency's approach to cybersecurity regulation, a new Massachusetts...more
2/4/2017
/ Administrative Appointments ,
Breach Notification Rule ,
Cyber Insurance ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
NIST ,
OCR ,
Popular ,
Privacy Policy ,
Public Disclosure ,
Software ,
Swiss Privacy Shield ,
Trump Administration
In this month's edition of our Privacy & Cybersecurity Update, we examine modifications to New York state's proposed cybersecurity regulations for financial institutions, a 5th Circuit ruling that a phishing scam is not...more
1/4/2017
/ Banks ,
Commercial Crime Insurance Polices ,
Consumer Insurance Products ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Financial Services ,
FCC ,
Home Depot ,
Internet of Things ,
Phishing Scams ,
Privacy Laws ,
Trump Administration ,
U.S. Treasury
Each company faces important decisions in preparing for its 2017 annual meeting and reporting season. Once again, we have prepared a checklist of essential areas on which we believe companies should focus as they plan for the...more
12/8/2016
/ Annual Meeting ,
Annual Reports ,
Audit Committee ,
Board of Directors ,
Corporate Executives ,
Corporate Governance ,
Director Nominations ,
Diversity ,
Dodd-Frank ,
Executive Compensation ,
FASB ,
Non-GAAP Financial Measures ,
Pay Ratio ,
Proxy Access ,
Proxy Advisors ,
Proxy Voting Guidelines ,
Reporting Requirements ,
Resource Extraction ,
Say-on-Pay ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals ,
Shareholders