In the December 2023 edition of Regulatory Updates in Asia ESG we provided an update on how jurisdictions across Asia are responding to the International Sustainability Standards Board (ISSB) standards. Several regulators in...more
9/3/2024
/ Asia ,
Climate Change ,
Consultation ,
COP ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hong Kong ,
IFRS ,
International Regulatory Standards ,
International Sustainability Standards Board (ISSB) ,
IOSCO ,
Regulatory Standards ,
Sustainability ,
Sustainable Business Practices
The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year.
On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that...more
4/9/2024
/ Administrative Procedure Act ,
Case Consolidation ,
Chevron Deference ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Final Rules ,
Greenhouse Gas Emissions ,
Rules of Civil Procedure ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation ,
Sustainable Business Practices
Latham’s ESG Masterclass video series offers a dynamic exploration of the ever-changing environmental, social, and governance terrain. Sarah Fortt, Global Co-Chair of the ESG Practice at Latham, and special expert guests...more
Latham’s ESG Masterclass video series offers a dynamic exploration of the ever-changing environmental, social, and governance terrain. Sarah Fortt, Global Co-Chair of the ESG Practice at Latham, and special expert guests...more
Latham’s ESG Masterclass video series offers a dynamic exploration of the ever-changing environmental, social, and governance terrain. Sarah Fortt, Global Co-Chair of the ESG Practice at Latham, and special expert guests...more
The long-awaited rules, already at the center of political debate and litigation, represent another global regulatory effort to integrate climate considerations into financial reporting.
On March 6, 2024, nearly two years...more
The court’s decision is the latest development in the litigation over the SEC’s final rules, which have faced numerous legal challenges since their adoption.
On March 15, 2024, the US Court of Appeals for the Fifth Circuit...more
3/21/2024
/ Administrative Procedure Act ,
Annual Reports ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Latham’s ESG Masterclass video series offers a dynamic exploration of the ever-changing environmental, social, and governance terrain. Sarah Fortt, Global Co-Chair of the ESG Practice at Latham, and special expert guests...more
On March 6, 2024, in a 3-2 vote, the US Securities and Exchange Commission (SEC) adopted final rules requiring registrants to disclose certain climate-related information in registration statements and annual reports. ...more
3/7/2024
/ Annual Reports ,
Climate Change ,
Compliance ,
Compliance Dates ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Final Rules ,
Greenhouse Gas Emissions ,
Publicly-Traded Companies ,
Registration Statement ,
Regulation S-K ,
Regulation S-X ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG.
In some ways, 2023 was a challenging year for ESG. This...more
1/17/2024
/ Advertising ,
Artificial Intelligence ,
Business Strategies ,
Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Corporate Liability ,
Corporate Social Responsibility ,
Cross-Border Transactions ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Investors ,
Popular ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Shareholder Activism ,
Strategic Planning ,
Supply Chain ,
Sustainable Business Practices ,
Trade Policy ,
Transparency
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
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
The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion.
On 25 September 2023, the FCA and the PRA published separate but related consultation...more
10/2/2023
/ Compliance ,
Compliance Monitoring ,
Consultation ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Proposed Regulation ,
Prudential Regulation Authority (PRA) ,
UK ,
Willful Misconduct
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
The Public Company Accounting Oversight Board’s proposed auditing standards feature major implications for ESG that could upend corporate audits.
On June 6, 2023, the Public Company Accounting Oversight Board (PCAOB), the...more
9/7/2023
/ Audits ,
Business Valuations ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
PCAOB ,
Proposed Rules ,
Publicly-Traded Companies ,
Reputation Management ,
Securities and Exchange Commission (SEC) ,
Share Price ,
Sustainable Business Practices
As more public — and even private — companies will need to address ESG expectations, some simple strategies can help companies chart a course from the beginning.
As the global focus on environmental, social, and...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
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
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
Allegations of greenwashing are all over the news. In many ways, this development was arguably inevitable. Many of the ESG and sustainability disclosures born over the past decade grew up in organizations’ marketing, public...more