On Friday, September 18, 2026, the U.S. Department of Justice (DOJ) announced revisions to two Justice Manual sections governing False Claims Act (FCA) enforcement. The revisions narrow DOJ’s enforcement approach in two respects. First, DOJ revised Justice Manual § 1-19.000
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Two Courts, One Conclusion: EPA Unlawfully Terminated Solar for All
On September 18, 2026, the U.S. District Court for the District of Rhode Island ruled that the Environmental Protection Agency’s (EPA) termination of the $7 billion Solar for All program was unlawful under the Administrative Procedure Act (APA) and vacated
Market Manipulation Damages
A growing case law is recognizing private damages claims for market manipulation such as spoofing. A spoofer places orders for an asset while intending to cancel the orders before they execute. The point is to move the price of the
Skadden Discusses Major Changes to Federal Proxy Rules
Executive Summary
- What’s new: On September 16, 2026, the SEC proposed amendments to the federal proxy rules, including rescinding Rule 14a-8 governing shareholder proposals in company proxy materials, expanding company discretionary voting authority over floor proposals and modernizing various other proxy
Can Boards Rely on AI-Assisted Management Reports?
Under corporate law, boards of directors have long had the right to rely on reports and other information supplied by management. This “right of reliance” derives from the board’s power to delegate day-to-day operational responsibility to management. However, it is
Sullivan & Cromwell Discusses FDIC Proposal to Reform Bank Merger Review
On September 17, 2026, the Federal Deposit Insurance Corporation issued a notice of proposed rulemaking (the “Proposal”)[1] to modernize and reform its framework for reviewing transactions under the Bank Merger Act (the “BMA”).[2] The Proposal is intended to
Cryptoexchanges Have a Governance Gap
For more than a century, exchanges have governed markets as much as they have operated them. While creating liquidity, they have also functioned as private lawmakers within a public regulatory framework by establishing listing standards and disclosure obligations, monitoring issuers,
Cleary Discusses SEC’s Fair Value Measurement, Disclosure Factors for Private Assets
On September 28, 2026, the U.S. Securities and Exchange Commission’s (the SEC) Office of Chief Accountant Kurt Hohl and Division of Investment Management Director Brian Daly (collectively, the Staff), issued a joint statement on fair value measurement and disclosure considerations
Parties to the London Convention and Protocol Debate Marine Carbon Dioxide Removal Governance
The parties to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) and the 1996 Protocol to that Convention (London Protocol) are meeting this week. High on
Greenwashing as Aspirational Signaling
Greenwashing is usually treated as a problem of corporate deception. Firms make environmental claims that exaggerate, selectively disclose, or obscure their actual sustainability performance. Greenwashing leaves investors, consumers, employees, and regulators with an overly favorable impression, thereby stifling true progress.