Publications & Learning (73)

Publications
January 5, 2023
Publications
November 23, 2022
S&C Memos
November 22, 2022
November 2022 Securities Enforcement and Litigation Update

Sullivan & Cromwell LLP - November 22, 2022
Publications
November 8, 2022
Client Highlights
November 2, 2022
S&C Memos
October 28, 2022
Fifth Circuit Panel Finds CFPB Funding Mechanism Unconstitutional

Court Vacates CFPB’s 2017 Payday Lending Rule, Finding That CFPB’s Funding Mechanism Violates the Separation of Powers Embodied in the Constitution’s Appropriations Clause

Sullivan & Cromwell LLP - October 28, 2022
Publications
October 25, 2022
S&C Memos
September 26, 2022
Recent SEC Insider Trading Action Provides Key Insights Into the Future of Rule 10b5-1

The SEC’s Cease-and-Desist Order Actuates Proposed Amendments to Rule 10b5-1

Sullivan & Cromwell LLP - September 26, 2022
S&C Memos
September 19, 2022
Twitter v. Musk Discovery Ruling Highlights Issues for Executives Using Work Email for Non-Work-Related Privileged Communications

Executives Considering Using Work Email for Personal Legal Communications or for Privileged Communications Regarding Another Company Should Remain Mindful of the Risk of Waiver

Sullivan & Cromwell LLP - September 19, 2022
S&C Memos
September 19, 2022
Delaware Chancery Court Rejects Caremark Liability for Failure to Oversee Cybersecurity Risk

Court Classifies Cybersecurity Risk as a Business Risk for SolarWinds; Oversight of Business Risk, Even if “Mission Critical,” Analyzed Under Business Judgment Rule, Not Caremark Standard

Sullivan & Cromwell LLP - September 19, 2022
Publications
August 3, 2022
S&C Supreme Court Business Review – October Term 2021

Key Highlights for Businesses

August 3, 2022
External Speaking Engagements
July 13, 2022
S&C Memos
July 7, 2022
Supreme Court Business Review

October Term 2021

Sullivan & Cromwell LLP - July 7, 2022
S&C Memos
June 22, 2022
U.S. Supreme Court Rejects HHS’s Interpretation of the Medicare Statute, Declines to Address Chevron Deference

The Medicare statute does not permit HHS to set different Medicare reimbursement rates for different groups of hospitals unless it first conducts a survey of hospitals’ acquisition costs

Sullivan & Cromwell LLP - June 22, 2022
S&C Memos
June 21, 2022
Supreme Court Upholds Right to Compel Arbitration of Claims Brought Under California Private Attorneys General Act (PAGA)

Decision Allows Employees and Employers to Agree to Arbitration of Individual PAGA Claims, Which Generally Will Preclude “Representative” PAGA Claims on Behalf of Others

Sullivan & Cromwell LLP - June 21, 2022
Client Highlights
June 8, 2022
Publications
May 31, 2022
S&C Memos
May 20, 2022
Delaware Chancery Rules Tesla’s $2.6 Billion Acquisition of SolarCity “Entirely Fair”

Court Rules for Defense Despite Plaintiff-Friendly Entire-Fairness Standard, Finding That the Price Paid Was Fair Notwithstanding “Far From Perfect” Process

Sullivan & Cromwell LLP - May 20, 2022
S&C Memos
May 20, 2022
Supreme Court and Fifth Circuit Cases Could Impact SEC’s Use of Administrative Forum

The Supreme Court Agrees to Take a Case Concerning the Constitutionality of SEC Administrative Law Judges and the Fifth Circuit Invalidates Aspects of SEC Administrative Proceedings

Sullivan & Cromwell LLP - May 20, 2022
External Speaking Engagements
May 4-6, 2022
External Speaking Engagements
April 5-8, 2022
S&C Memos
March 22, 2022
Federal Legislation Requires Cyber Incident Reporting for Critical Infrastructure Sector

Implementing Rule Will Require Reporting to CISA of Covered Cybersecurity Incidents and Ransomware Payments by Subsectors That Are Likely to Include Financial Services, Communications, Energy and Others

Sullivan & Cromwell LLP - March 22, 2022