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Brazil Publishes Draft Sustainable Taxonomy Framework for Public Consultation

The taxonomy would inform certain mandatory requirements in the jurisdiction, with particular relevance to Brazil’s capital markets and financial sector....more

The Tides Are Changing (Again) for US “Fair Access” and “Anti-Debanking” Laws

“Fair access” banking laws, at the epicenter of the debates between ESG and “anti-woke” regulation and federal/state preemption, may see a resurgence under the incoming administration. In recent years, the landscape of...more

ESG - US State-Level Developments for Private Capital and Financial Institutions

Private capital providers, investors, asset managers, and financial institutions will likely continue to face a fragmented regulatory landscape on ESG matters. Various US states have taken and continue to take action on...more

SEC Adopts Changes to Names Rule for Registered Funds

The amendments aim to modernize the Names Rule and promote investor protection objectives by ensuring that a fund’s portfolio of holdings aligns with its name. The US Securities and Exchange Commission (the SEC or the...more

TNFD Publishes Finalized Recommendations for Nature Related Disclosures

On September 18, 2023, the Taskforce on Nature-related Financial Disclosures (TNFD) published recommendations for organizations’ assessment, management, and disclosure of nature-related issues (the Recommendations). These...more

Nature Action 100 Gives First Insight Into Engagement Priorities With Companies

NA100 aims to propel corporate action on natural capital through investor engagement similar to the work of initiatives like Climate Action 100+. On June 26, 2023, the Secretariat and Launching Investor Group behind...more

ISSB Issues Global Sustainability Disclosure Standards

On June 26, 2023, the International Sustainability Standards Board (ISSB) released its first two standards for sustainability disclosures, which are designed to facilitate the disclosure of sustainability-related information...more

Sovereign SLBs: Pioneered in Emerging Markets and Poised for Growth?

Chile and Uruguay are the world’s first and only issuers of sovereign SLBs — instruments that present unique opportunities for sovereign finance. In the last couple of years, many sovereign issuers have entered the...more

Florida Law to Restrict the Use of Certain ESG Factors by Asset Managers and Financial Institutions

The legislation mirrors anti-“industry boycott” legislation introduced or passed in other US states and provides more explicit rubrics of prohibited factors. On May 5, 2023, Florida Governor Ron DeSantis signed into law...more

ESG Initiatives Face Increased Pressure From Potential Antitrust Challenges

A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. Key Points: ..ESG investing initiatives are not...more

Renewable Energy Projects Face an Ill Wind in Texas

Proposed legislation would impose new constraints and regulatory obstacles for renewable energy, as conservative responses to ESG-related initiatives continue to morph across the US. The Texas legislature is considering...more

The EU Corporate Sustainability Reporting Directive - How Companies Need to Prepare

The EU’s latest initiative to enhance ESG disclosures will expand the requirements of earlier initiatives and bring considerably more companies within its scope. On 5 January 2023, the Corporate Sustainability Reporting...more

DOL Final Rule on ESG Factors to Take Effect February 1, 2023

The Final Rule clarifies the application of ERISA’s fiduciary duties of prudence and loyalty to the selection of plan investments that incorporate ESG goals. On November 22, 2022, the US Department of Labor (DOL) released a...more

NYDFS Proposes Guidance on Climate Change Risk Management

The Guidance would increase expectations for regulated financial institutions to identify, measure, monitor, and control climate-related financial risks. For the past few years, the New York State Department of Financial...more

Updated Timeline for ESG-Related Actions From SEC Under RegFlex Agenda

​​​​​​​On January 4, 2023, the Office of Information and Regulatory Affairs released the Fall 2022 Regulatory Flexibility Agenda. The agenda includes several updates to the Securities and Exchange Commission’s plans for...more

Voluntary ESG “Materiality” Assessments - Legal Considerations and Dos and Don’ts

This Client Alert probes the ESG “materiality assessment” process, why it is a misnomer, when and how the assessment can be conducted, and legal and practical tips for conducting the assessment. Companies have been...more

SEC Proposes ESG Disclosure Requirements for Investment Advisers and Investment Companies

The SEC proposals track EU requirements in certain respects, but differences in content and scope could leave advisory firms with increasingly complex compliance challenges. Key Points: ..The proposal on ESG...more

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