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 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
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
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
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
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)
Due diligence on restaurant companies should factor in industry-specific legal and operational risks.
Buyers acquire restaurant companies to access new brands, expand and diversify, or vertically integrate. Attractive...more
8/17/2022
/ Acquisitions ,
Business Licenses ,
Contract Terms ,
Cybersecurity ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Food Safety ,
Franchise Agreements ,
Franchises ,
Liquor Licences ,
Mergers ,
Restaurant Industry ,
Suppliers ,
Wage and Hour
The Strategy provides useful guidance for importers seeking to comply with the provisions of the UFLPA.
The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021, to...more
7/13/2022
/ Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Enforcement Priorities ,
Entity List ,
Forced Labor ,
Importers ,
Imports ,
New Guidance ,
Rebuttable Presumptions ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Companies should be prepared for increasing demand to factor ESG into their value chains as well as new mandates from government authorities.
Latham & Watkins is pleased to introduce a series of Clients Alerts on ESG and...more
6/28/2022
/ Climate Change ,
Compliance ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Human Rights ,
International Trade ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices ,
UK
The Claims Code seeks to ensure the integrity of voluntary carbon markets to support achievement of the Paris Agreement goals.
The Voluntary Carbon Markets Integrity (VCMI) Initiative is “a multi-stakeholder platform to...more
Forced Labor Enforcement Task Force issues required enforcement strategy, including guidance to importers.
On June 21, 2022, the key operative provision of the Uyghur Forced Labor Prevention Act (UFLPA) entered into...more
6/22/2022
/ China ,
Customs and Border Protection ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Rebuttable Presumptions ,
Supply Chain ,
Tariff Act of 1930 ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
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
The law suffers the same fate as the California board diversity law requiring directors from “underrepresented communities.”
On May 13, 2022, Los Angeles Superior Court Judge Maureen Duffy-Lewis issued a ruling in Crest...more
The two new bodies are expected to help harmonise standards in different jurisdictions to meet investor demand for comparable ESG information.
On 27 April 2022, the International Sustainability Standards Board (ISSB)...more
The Call for Evidence is one of a number of measures the EU is taking as it aims to strengthen the reliability of ESG ratings.
On 4 April 2022, the European Commission (Commission) published a call for evidence (Call for...more
The California gender board diversity law may suffer the same fate.
On April 1, 2022, Los Angeles County Superior Court Judge Terry A. Green issued a summary judgment order finding that California Corporations Code §...more
What the proposed rule would mean for registrants and their filings with the SEC.
The US Securities and Exchange Commission’s proposed climate disclosure rule, approved by a 3–1 vote on March 21, 2022, is the agency’s...more
4/6/2022
/ Business Strategies ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
New Rules ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Reporting Requirements ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The standards are part of a global initiative to consolidate sustainability disclosures to help investors assess the value of companies.
On 31 March 2022, the International Sustainability Standards Board (ISSB) released...more
The proposed rules would require significant, detailed new climate-related disclosures in annual reports and prospectuses.
On March 21, 2022, by a 3-1 vote, the US Securities and Exchange Commission (the SEC or the...more