Home Listing rules Other recent developments: a roundup of news from Skadden | Skadden, Arps, Slate, Meagher & Flom LLP

Other recent developments: a roundup of news from Skadden | Skadden, Arps, Slate, Meagher & Flom LLP

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Below, we highlight some of our latest thought leadership articles on important legal topics and trends.

Capital markets

Hong Kong Regulatory Update – August 2022
This update provides an overview of key regulatory developments in the second quarter of 2022 relating to companies listed or planning to list on the Hong Kong Stock Exchange Limited (HKEx) and their advisers. In this edition, among other updates, we cover: new rules on bookbuilding and investment activities; reverse takeovers; cases of extreme dependency and corruption and their consequences for directors; HKEx’s new board diversity platform and expanded ESG Academy; changes to guidelines on preliminary results requirements for new applicants for registration; and recent enforcement actions.

China regulations

New PRC regulations on cross-border data transfer (August 23, 2022)
Chinese regulatory authorities have issued new regulations and proposals aimed at clarifying the requirements of Chinese personal information protection law. The updates would strengthen rules for processing and exporting data from China.

Digital assets

Office of Science and Technology Policy releases report on environmental impact of crypto-assets (September 16, 2022)
A new report from the Office of Science and Technology Policy assesses the impact of cryptocurrencies on climate change and US energy policy. This is one of several reports mandated by President Biden’s March 2022 Executive Order on Digital Disclosures.

Seizures and confiscations of cryptoassets: overview of the application in the United States and the United Kingdom (September 7, 2022)
Those involved in crypto-assets should be aware of the wide range of seizure and confiscation procedures now available to US and UK authorities to manage legal and compliance risk arising from the ownership and management of crypto-assets. .

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts – August 2022
A flurry of legal and enforcement activity has recently sprung up across a wide range of areas in the web3 space, including actions by the Securities and Exchange Commission, the Office of Foreign Assets Control, the Commodity Futures Trading Commission and the New York Department of Financial Services. . In the August 2022 issue of The Distributed Ledgerwe describe these developments and what they mean for businesses in this space.

Cryptocurrency insider trading case could have wider ramifications for the industry (July 26, 2022)
In alleging that insider trading in cryptocurrencies constitutes securities fraud, the SEC provided limited information about its approach to fungible token regulation. But important questions remain, creating uncertainty for Web3.

ESG

H1 2022 – ESG trends and expectations (July 28, 2022)
Amid ESG-related legislation in the US, UK and Europe and recent unexpected US Supreme Court rulings, ESG considerations have continued to grow. We discuss how current trends may evolve over the rest of the year.

Application of European competition law

EU to step up law enforcement against state-backed foreign companies (July 12, 2022)
Sweeping new EU rules targeting state-backed foreign companies define government subsidies very broadly – to include many tax breaks, for example – creating new burdens of due diligence and uncertainty for transactions in the EU. EU.

Mergers & Acquisitions

UK Public M&A Update – H1 2022 (July 25, 2022)
Public M&A transaction activity had a resilient start to 2022, but has since been impacted by market skepticism and uncertainty resulting from the Russian-Ukrainian war and associated sanctions, as well as the rising inflation and interest rates.

national security

UK and EU National Security and Investment Screening Update: June 2022 (July 1, 2022)
Companies face greater uncertainty as UK and European regulators become more assertive in their national security reviews of foreign investments, scrutinizing completed deals and even questioning some holdings below 25%.

Punishments

View all of our Russia Sanctions Customer Alerts.

SEC regulations

SEC adopts long-awaited final payment-versus-performance disclosure rules (August 31, 2022)
The SEC has adopted final rules requiring public companies to disclose the relationship between the executive compensation actually paid to the company’s named officers and the company’s financial performance.

SEC Proposes Changes to Shareholder Proposal Rules (July 15, 2022)
On July 13, 2022, the SEC proposed amendments that would change the standards under which companies can exclude shareholder proposals from their proxy statements. The proposed changes to the “substantial implementation”, “duplication” and “resubmission” criteria would likely increase the number of shareholder proposals received by companies and make it less likely that proposals could be screened out.

Securities Litigation

Inside the Courts – September 2022
This quarter’s issue highlights notable cases and related court rulings primarily issued between May and July 2022.

Tax

Blockchain for Beginners: Basic Tax Issues for Digital Assets (podcast) (July 27, 2022)
In this episode of Skadden’s “GILTI Conscience” podcast, hosts Nate Carden, David Farhat and Stefane Victor discuss tax issues for digital assets such as bitcoin and stablecoins with Roger Brown, Global Head of Tax Controversy on the Chainalysis blockchain data platform.

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