Shadow SEC Statement No. 12: The SEC’s Retreat from Enforcement (and the Special Case of Mandatory Arbitration Clauses)

Since the Securities Act of 1933, Congress has created and carefully maintained a two-track enforcement system that relies on both public enforcement and private enforcement to prevent fraud and protect investors. Congress has at times adjusted the balance of advantage …

Skadden Discusses New AI Executive Order

On June 2, 2026, President Donald Trump issued an executive order (EO), “Promoting Advanced Artificial Intelligence Innovation and Security.” The EO directs U.S. government departments and agencies to accelerate AI-enabled cybersecurity initiatives to:

  • Design a voluntary framework for engagement with

Sidley Austin Discusses CFTC Advisory on Self-Reporting, Cooperation, and Remediation

On February 25, 2025, the Division of Enforcement (Enforcement Division) of the U.S. Commodity Futures Trading Commission (CFTC) released an Enforcement Advisory on Self-Reporting, Cooperation, and Remediation (Advisory). The Advisory is the Enforcement Division’s “sole policy on self-reporting, cooperation, and …