Sky Blog
Regulatory clearance is one of the most consequential variables in many M&A transactions. The increasing complexity of many regulatory regimes and M&A transactions, the evolving (and often more aggressive) positions of regulators, and the growing politicization of some approval processes …
Since the Second World War, the U.S. dollar has been the dominant global currency for trade, settlement, and reserve purposes. As other countries seek to move away from the dollar system, key U.S. policymakers believe that the rise of dollar …
Good afternoon, ladies and gentlemen. And thank you, Josh [White], for your generous introduction. Before sharing a few reflections, I must note that the views I express here are my own as Chairman and do not necessarily reflect those of …
What should fiduciary duty require when new technology allows corporate directors to see risk more clearly? Though corporate law has long assumed that directors must make decisions under conditions of uncertainty, artificial intelligence and emerging quantum-computing tools may change what …
On March 30, 2026, the U.S. Department of Labor (the DOL) published its heavily anticipated proposed rule entitled “Fiduciary Duties in Selecting Designated Investment Alternatives” (the Proposed Rule).[1] Over the years, sponsors of private funds and other investment vehicles …
On April 7, the Federal Reserve chair and U.S. Treasury secretary called an emergency meeting with America’s top bank CEOs. The reason: an AI model capable of autonomously hacking major corporations, finding thousands of software vulnerabilities no human ever caught, …
Delaware’s corporate law grants officers and directors broad discretion, subject to one condition: Get the process right. Want to pay the CEO millions of dollars? Go ahead—just be sure you have a compensation committee empowered to negotiate the pay package …
On April 8, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) and the Office of Foreign Assets Control (“OFAC”) jointly issued a notice of proposed rulemaking (“NPR”) to address anti-money laundering (“AML”) and countering the financing …
With the U.S. Department of Labor’s recent proposed rule, Fiduciary Duties in Selecting Designated Investment Alternatives, retail investors’ access to private assets comes ever closer to reality, though not without controversy. The battle lines are unsurprising: Private asset managers …
Today [May 5], the Commission proposed amendments to provide public companies with the option of filing one semiannual report, on a new Form 10-S, in lieu of three quarterly reports on Form 10-Q.[1] This proposal is part of my …
ExxonMobil’s board has recommended that shareholders vote at the May 27 annual meeting to approve the company’s change in domicile from New Jersey to Texas—a move that has triggered debate about whether Texas’s recent corporate-governance reforms weaken shareholder rights relative …
On March 31, 2026, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued a sanctions advisory providing guidance on sham transactions used to evade U.S. sanctions (the “Sanctions Advisory”).[1] The Sanctions Advisory identifies specific red …
Corporate governance is often described as cooperative. On this account, shareholders, directors, officers, employees, suppliers, customers, communities, and other constituencies are members of a team, each contributing to a common enterprise, and each entitled to some consideration in the distribution …
On April 16, 2026, the Staff of the Securities and Exchange Commission (the SEC)’s Division of Corporation Finance (the Division) issued an exemptive order granting relief that will permit certain equity tender offers to remain open for 10 business days …
In January 2026, the Delaware Supreme Court issued an en banc decision in J&J v. Fortis, a high-profile earnout dispute arising from Johnson & Johnson’s acquisition of Auris Health, involving up to $2.35 billion in contingent payments tied to regulatory …