News & Analysis as of

Asset Management Greenwashing

Paul Hastings LLP

SFDR Update: A Step Up in Scrutiny

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In recent weeks, EU regulators have issued several updates clearly indicating that, while the Sustainable Finance Disclosure Regulation (SFDR) remains subject to review and likely substantial revision at the end of 2025,...more

Proskauer - Regulatory & Compliance

ESMA Publishes Four Principles for Clear, Fair and Not Misleading Sustainability-Related Claims

On 1 July 2025, the European Securities and Markets Authority (“ESMA”) published a thematic note on making clear, fair and not misleading sustainability-related claims, to address greenwashing risks (the “Thematic Note”)....more

Latham & Watkins LLP

SEC Withdraws Proposed Rule on ESG Disclosures for Investment Advisers and Investment Companies

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The withdrawal aligns with the SEC’s “back to basics” approach, but it does not preclude scrutiny of ESG in asset managers’ strategies, marketing, and fund documentation....more

Ropes & Gray LLP

FCA Pauses SDR Extension to Portfolio Managers Due to Industry Concerns

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The UK's Financial Conduct Authority (FCA) launched a consultation in April 2024 to explore whether the existing Sustainability Disclosure Requirements (SDR) framework – introduced for asset managers in November 2023 – should...more

Proskauer - Regulatory & Compliance

Final opportunity to shape SFDR’s future in European Commission’s Call for Evidence

On 2 May 2025, the European Commission launched its ‘Call for Evidence’ on the review of the Sustainable Finance Disclosure Regulation (SFDR). The European Commission aims to review the SFDR to simplify the framework,...more

K&L Gates LLP

Directors' Responsibilities for Sustainability Reporting—ASIC's Views

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Introduction - When directors and officers of reporting entities are assessing how to prepare for complying with the new sustainability reporting obligations, it is tempting to look to the Australian Securities and...more

SEC Compliance Consultants, Inc. (SEC³)

October and November 2024 Regulatory Roundup

After its fiscal year-end frenzy in September, the SEC relaxed slightly, with no new rule-making and fewer enforcement actions. So, I took a break last month and combined the October and November Roundups. (You’re welcome.)...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more

Proskauer - Regulatory & Compliance

The Anti-Greenwashing Rule Comes Into Force: A Legal Lens

On 31 May 2024, a new anti-greenwashing rule is being introduced by the Financial Conduct Authority (the “FCA”) as part of its Sustainability Disclosure Requirements (“SDR”). We cover here the introduction of the FCA’s...more

Proskauer - Regulatory & Compliance

One month to go until the FCA’s anti‑greenwashing rule comes into force

On 31 May, 2024, a new anti‑greenwashing rule is being introduced by the Financial Conduct Authority (the “FCA”) as part of its Sustainability Disclosure Requirements (“SDR”). However, the FCA has only recently published...more

Paul Hastings LLP

Credit Funds: The Year of the Regulator

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We are delighted to bring you this edition of Spotlight Magazine, the content of which has come at just the right time, with it becoming increasingly apparent that we are in the midst of a global regulatory refresh of the...more

BCLP

Minimum Energy Efficiency Standards - here to stay or at risk of becoming redundant?

BCLP on

In September, ahead of the Conservative party conference, Rishi Sunak announced a step back from the Government’s net zero policy and targets.  This was followed up last week by the Government’s formal response to the Climate...more

Latham & Watkins LLP

Transparency Is Key for PE Amid Greenbashing Risk

Latham & Watkins LLP on

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

Proskauer Rose LLP

UK and EU Sustainable Finance Regulation: Taking Stock with Change on the Horizon

Proskauer Rose LLP on

Both opportunities and challenges have arisen for the asset management industry as a result of the rapid introduction of UK and EU sustainable finance regulation in recent years. The new requirements have been heightened in...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates - August 2023

Public media reports have stated that the SEC’s Enforcement Division has been “sen[ding] document requests, including subpoenas” to asset managers in connection with ESG marketing. Apparently, these actions by the SEC’s...more

Cadwalader, Wickersham & Taft LLP

Republican AGs Target 53 Large Asset Managers' ESG Practices

On March 30, 2023, 21 Republican Attorneys General (AGs) wrote a letter addressed to over 50 U.S. asset managers citing “concerns about the ongoing agreements between asset managers to use Americans’ savings to push political...more

Stikeman Elliott LLP

Environmental, Social & Governance Law 2023 Canada

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There are a variety of environmental, social and governance (“ESG”)-related regulations applicable to federally and provincially incorporated companies; however, the focus of this chapter will be on public companies that...more

Morgan Lewis

UK Asset Managers: FCA Proposes New Sustainability Disclosure and Labelling Requirements

Morgan Lewis on

The UK Financial Conduct Authority (FCA) recently published its consultation paper, CP22/20, on the use of Sustainability Disclosure Requirements (SDR) and investment labelling. The consultation paper proposes rules to help...more

Cadwalader, Wickersham & Taft LLP

What's Next for the UK and the EU?

As we make the transition from 2022 to 2023, this is a good time to look ahead to developments in the UK and the EU that will likely impact the financial services industry. Here are some observations....more

Walkers

Central Bank Publishes Communication on Sustainable Finance and the Asset Management Sector

Walkers on

On 14 November 2022, the Central Bank of Ireland (the “Central Bank”) published an Industry Communication entitled “Sustainable finance and the asset management sector: Disclosures, investment processes & risk management”....more

K2 Integrity

ESG Certification: Assisting in Mitigating Greenwashing for Investors, Managers, Funds and Regulators

K2 Integrity on

There have been numerous positive developments in the evolution of ESG investing. Still, the research needed to assess which investments are truly ESG-compliant and which are tantamount to greenwashing is burdensome...more

Mintz

As Part of Global Crackdown on Greenwashing, German Prosecutors Raid Asset Manager

Mintz on

The international news media have publicly reported that German law enforcement has raided an asset manager concerning a "whistleblower's allegations that [the asset manager] sold investments as 'greener' or 'more...more

Morgan Lewis

Climate Change: Policyholders Should Be Braced for a Rising Tide of Coverage Issues

Morgan Lewis on

The Intergovernmental Panel on Climate Change has declared that “[i]t is indisputable that human activities are causing climate change, making extreme climate events, including heat waves, heavy rainfall, and droughts, more...more

Cadwalader, Wickersham & Taft LLP

ESMA Proposes Rules for Taxonomy-Alignment of Non-Financial Undertakings and Asset Managers

Further to our Clients & Friends Memo of 22 June 2020, the Sustainability Taxonomy Regulation (2020/852) (the “Regulation”) was published in the Official Journal on 22 June 2020 and entered into force on 12 July 2020....more

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