Guidance for the largest US financial institutions is intended to promote climate risk management consistent with general safety and soundness practices.
On October 30, 2023, the three US federal bank regulatory agencies...more
11/8/2023
/ Banking Sector ,
Biden Administration ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Executive Orders ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Financial Services Industry ,
New Guidance ,
OCC ,
Policies and Procedures ,
Risk Assessment ,
Risk Management ,
Strategic Planning
Venture capital firms should begin planning now for compliance to avoid monetary penalties or court action. California Governor Gavin Newsom signed Senate Bill No. 54 (SB 54) into law on October 8, 2023.
The bill is...more
As ESG statements fall under increasing scrutiny, sponsors should aim for consistent and accurate messaging, as well as robust ESG strategies.
Regulatory drivers and stakeholder demands have put environmental, social,...more
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
Developments span the climate disclosure landscape, risk factor disclosure, and diversity-related efforts.
In advance of the annual shareholder proposal and annual reporting preparation season, we believe that a number of...more
Governor Newsom has committed to signing into law two bills that would require certain companies that do business in California to disclose their GHG emissions and climate-related financial risks.
In January 2023,...more
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
Data collected under the PROVE IT Act would measure the carbon emissions of certain goods in the US and other nations.
On June 7, 2023, US Senators Chris Coons and Kevin Cramer introduced the bipartisan Providing...more
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
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
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
Issuers should consider the ambitiousness of their sustainability targets, any challenges in achieving the targets on schedule, and how they will prove their progress.
The global market for sustainability-linked bonds ...more
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
1/25/2023
/ Benefit Plan Sponsors ,
Corporate Counsel ,
Department of Labor (DOL) ,
Effective Date ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Final Rules ,
Proxy Voting ,
Retirement Plan ,
Retirement Plan Providers
The Framework looks to guide global action on biodiversity, ecosystems, and other aspects of natural capital through 2030 and beyond.
Key Points:
..The Global Biodiversity Framework adopted at COP15 to the Convention on...more
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
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
Navigating a global patchwork of ESG regulation and enforcement while preparing for greenwashing claims and other ESG litigation will likely be among the main concerns for companies in 2023.
Both anticipated and less...more
1/6/2023
/ Board of Directors ,
C-Suite Executives ,
Climate Change ,
Corporate Governance ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
EU ,
Global Economy ,
Global Market ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Shareholder Activism ,
Supply Chain ,
UK ,
Wage and Hour
The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come.
On December 20, 2022, the Federal Trade Commission (FTC) published a notice (hereinafter, the 2022...more
Major federal suppliers would need to perform certain climate-related actions, resulting in potential knock-on implications, expectations, and risks.
Key Points:
..The federal government’s proposed regulations would...more
The guiding principles are similar to related proposals from other banking regulators, but will require further clarification through the comment process.
On December 2, 2022, the Board of Governors of the Federal...more
12/12/2022
/ Climate Change ,
Comment Period ,
Corporate Governance ,
Federal Reserve ,
Financial Institutions ,
Foreign Banks ,
Governance Standards ,
Large Financial Institutions (LFIs) ,
Proposed Regulation ,
Risk Management ,
Risk-Based Approaches ,
Strategic Planning ,
Supervision
Establishment of the loss and damage fund and development in Article 6 of the Paris Agreement were among the major developments in this year’s conference.
On November 20, 2022, the 27th annual Conference of Parties...more
12/9/2022
/ Africa ,
Asia ,
Carbon Emissions ,
Climate Change ,
COP ,
Environmental Policies ,
Forestry ,
Funding ,
Greenhouse Gas Emissions ,
John Kerry ,
Paris Agreement ,
Saudi Arabia ,
Sustainability ,
UNFCCC ,
United Nations
Human rights due diligence standards are being negotiated at the international level, which may complement or complicate national and regional regulations.
Latham & Watkins is pleased to introduce a series of Clients...more
Extensive negotiations focused on finalizing the details of a “rulebook” for an international carbon market under Article 6 of the Paris Agreement.
The 27th annual Conference of Parties (COP27) of the United Nations...more
11/17/2022
/ Biden Administration ,
Carbon Emissions ,
Climate Change ,
COP ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
John Kerry ,
Methane ,
Paris Agreement ,
Renewable Energy ,
UNFCCC ,
United Nations
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
The call highlights the challenges in developing alignment between global ESG reporting standards.
The European Central Bank (ECB) and the International Monetary Fund (IMF), two of the world’s leading public financial...more
8/22/2022
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Central Bank ,
IFRS ,
IMF ,
International Regulatory Standards ,
Net Zero ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Sustainable Finance ,
Task Force on Climate-related Financial Disclosures (TCFD)