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Biden Administration Securities and Exchange Commission (SEC) Corporate Governance

Jones Day

SEC Withdraws Proposed ESG Disclosure and Shareholder Submission Rules

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In a significant but not unsurprising policy shift, the U.S. Securities and Exchange Commission (SEC) has announced the withdrawal of proposed rules aimed at enhancing ESG disclosures and modifying shareholder proposal...more

Thomas Fox - Compliance Evangelist

Everything Compliance: Episode 151, The What is Illegal DEI Edition

Welcome to this Edition of award-winning Everything Compliance. In this episode, we have the quartet of Matt Kelly, Karen Woody, Karen Moore, all hosted by Tom Fox, the Compliance Evangelist. They all look at various issues...more

Cornerstone Research

SEC Accounting and Auditing Enforcement Activity Plummeted in Final Year of Gensler Administration

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The U.S. Securities and Exchange Commission (SEC) drastically reduced its accounting and auditing enforcement activity in fiscal year 2024, the final year of Gary Gensler’s administration, ending two consecutive years of...more

A&O Shearman

How will the Trump administration impact M&A?

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M&A practitioners anticipate a ‘Trump bump’ - The scale of Donald Trump’s victory in the presidential election – and the fact the Republicans now have full control of Congress – has been greeted with optimism by U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Post-Election Considerations for Inaugurations, Transitions, Special Elections and Personnel Entering or Leaving Government

Now that the 2024 election has passed, individuals and organizations must be mindful of special legal issues that arise from contributions made to, and expenses incurred for, federal, state or local inaugural or transition...more

Latham & Watkins LLP

AI and ESG How Companies Are Thinking About AI Board Governance

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Questions around the governance of artificial intelligence (AI) have come to the fore via recent, prominent US shareholder proposals and first-of-their kind enforcement actions, which we describe in depth here. It is in this...more

Keating Muething & Klekamp PLL

SEC Sued Over Newly Adopted Share Repurchase Rules

On Friday, May 12, 2023, the U.S. Chamber of Commerce announced that it had filed a lawsuit against the SEC to prevent implementation of the SEC’s new Share Repurchase Disclosure Modernization rules, which KMK has recently...more

Fenwick & West LLP

Responding to the Biden Administration’s Climate Agenda: What Public Companies and Federal Suppliers Need to Know

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Since the start of the Biden administration in January 2021, there has been an increased focus on combatting climate change, including regulatory actions and initiatives to increase disclosure by corporations regarding their...more

Jones Day

The Climate Report | Second Quarter 2022

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REGULATORY ISSUES & UPDATES - UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs - The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more

Holland & Knight LLP

Holland & Knight's China Practice Newsletter: May-June 2022

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Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC...more

WilmerHale

ESG on Earth Day: Climate Risk is Financial Risk

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Today marks the 52nd Earth Day celebration, initially commenced in 1970 as citizens around the nation, and the world, gathered to demand stronger protection for the environment: cleaner water, air and land. As in 1970, the...more

Mintz - Securities & Capital Markets...

A Brief Summary of the SEC’s Proposed Climate-Related Rules

On March 21, 2022, the Securities and Exchange Commission (“SEC”) unveiled its long-anticipated proposed rules on climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for...more

K&L Gates LLP

SEC Issues Climate-Related Risk Disclosure Rule Proposal

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The Biden administration has prioritized environmental, social, and governance (ESG) risks to capital markets, particularly climate-related financial risks (discussed in our previous alert, Biden Administration ESG Activity...more

Holland & Knight LLP

SEC Proposes Sweeping Climate-Related Disclosure Rules

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The U.S. Securities and Exchange Commission (SEC) on March 21, 2022, proposed rules that would require registrants to disclose information regarding climate-related risks in certain periodic reports and registration...more

Akin Gump Strauss Hauer & Feld LLP

Regulatory Investigations and Enforcement Trends in 2022

The New Year Brings a New Enforcement Focus on Emerging Technology - In 2021, newly confirmed members of the Biden administration set the stage for increased enforcement activity, surging resources to investigations and...more

Herbert Smith Freehills Kramer

FCPA Enforcement Appears Primed to Reemerge

Over the course of the year — and even dating back to his time on the campaign trail — President Biden and senior officials in his administration, including Department of Justice (DOJ) and Security and Exchange Commission...more

Hogan Lovells

Navigating the evolving ESG disclosure landscape as a U.S. public company - Chief Executive digital publication

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As momentum builds for disclosure, boards and management should consider the following practices to minimize legal risk and fully leverage the benefits a successful environmental, social, and governance (ESG) strategy can...more

Eversheds Sutherland (US) LLP

Greenwashing: A survey of recent litigation

As climate change jurisprudence continues to evolve, an offshoot of “greenwashing” claims has generated a series of headline-grabbing lawsuits. The definitions vary but most references to greenwashing include claims...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Fall 2021

To stay ahead of the feds, companies need to monitor their own data for possible compliance problems. Congress may soon give companies better visibility into their shareholder bases, including derivatives positions. In this...more

BCLP

Have You Updated Your Approach to MD&A?

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The next Form 10-K filing for most companies will be their first filing required to comply with the revised Management’s Discussion and Analysis (Item 303 of Regulation S-K) requirements adopted by the SEC in November 2020....more

Skadden, Arps, Slate, Meagher & Flom LLP

ESG in 2021 So Far: An Update

The rapidly growing focus on environmental, social and governance (ESG) matters that marked 2020 continued to shape events for companies operating or based in the U.K. and Europe in 2021. Discussions of ESG are occurring at...more

Mintz

SEC Commissioner Pierce Criticizes Proposed ESG Regulations

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Yesterday, SEC Commissioner Pierce--one of two Republicans serving as an SEC Commissioner--delivered a speech criticizing the "potential ESG rulemaking."...more

Kelley Drye & Warren LLP

ESG Issues and the SEC: The Dawn of New Realities

There is an ongoing push by the Biden Administration to engrain climate change awareness into many arms of the federal government that were previously agnostic on the matter. This campaign to inject agencies like the...more

Sullivan & Worcester

New Developments Could Raise the Temperature of Climate Change Disclosure

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The buzz around climate change is expanding to include the potential effects it could have on businesses’ physical operations and value in the marketplace. Climate-related business risks typically fall into two categories:...more

Foley Hoag LLP - Global Business and Human...

Congress A Step Closer to Making Corporate ESG Disclosure Mandatory

On June 16, 2021, the U.S. House of Representatives passed legislation that would impose new ESG due diligence and disclosure requirements on publicly traded companies. H.R. 1187, the ESG Disclosure Simplification Act of...more

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