News & Analysis as of

Federal Trade Commission (FTC) Climate Change Environmental Social & Governance (ESG)

Kelley Drye & Warren LLP

Amazon Hit With Greenwashing Lawsuit

Last week, consumers in four states filed a proposed class action against Amazon, accusing the company of greenwashing by misleading consumers about the sustainability of the company’s Amazon Basics line of paper products....more

Cooley LLP

Climate and Sustainability Regulations: 2024 End-of-Year Review

Cooley LLP on

2024 was an active year for environmental, social and governance (ESG) regulations, voluntary reporting standards, and stakeholder policies. While the incoming Trump administration is expected to halt federal sustainability...more

ArentFox Schiff

ESG Update: Congress Questions Whether ESG-Related Coalitions Violate Antitrust Laws

ArentFox Schiff on

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...more

Mintz - ML Strategies

2024 Pre-Election Analysis: Financial Services

Mintz - ML Strategies on

Financial services encompass a wide range of services offered by the nation’s financial institutions, including banking, mortgage, investment, and credit services. The next administration and Congress’s financial services...more

Wilson Sonsini Goodrich & Rosati

Sustainability and ESG Advisory Practice Update, September 2024 Update

We are pleased to share the September 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights Special Edition: Women’s History Month

Celebrating Women’s History Month, we present a special edition of our quarterly Insights publication, highlighting the talent and insights of women at Skadden. The issue spotlights their authorship on such topics as the...more

ArentFox Schiff

Government-Involved ESG Litigation

ArentFox Schiff on

As we move into 2024, environmental, social, and governance (ESG) concepts continue to feature prominently in policy debates. While ESG still drives policy, the last year has seen “ESG” factors recast from being perceived as...more

BakerHostetler

Takeaways from Sustainability Marketing Panel at ANA

BakerHostetler on

As we all begin to bundle up for a chilly holiday season, I can’t help but reminisce about and pine for the warm Florida weather last month at the ANA Masters of Advertising Law Conference. I am also continuing to reflect on...more

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Saul Ewing LLP

Saul on ESG: Trends & Updates (October 2023)

Saul Ewing LLP on

​This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes...more

Katten Muchin Rosenman LLP

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Holland & Knight LLP

Podcast - Cracking Down on Carbon Markets: CFTC and FTC Exercise Heightened Scrutiny

Holland & Knight LLP on

This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

Holland & Knight LLP on

The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Brownstein Hyatt Farber Schreck

Greenwashing—While the FTC Gets into the Weeds, Don’t Lose Sight of the Bigger Picture

Consumer awareness about climate change and the environmental and social implications of the goods and services they buy is only growing. In response, products marketed with these sentiments in mind are also on the rise. A...more

Perkins Coie

Sustainability Advertising: US and EU Regulators Boost Guidance and Enforcement

Perkins Coie on

Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more

Holland & Knight LLP

FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

Holland & Knight LLP on

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

Latham & Watkins LLP

The Future of Green Marketing: Anticipated Changes to the FTC’s Green Guides

Latham & Watkins LLP on

The FTC will likely update Green Guides provisions, impacting corporate decision-making in marketing and throughout the value chain. Latham & Watkins is pleased to present a series of Clients Alerts on environmental,...more

Seyfarth Shaw LLP

Policy Matters Newsletter - April 2023 #2

Seyfarth Shaw LLP on

Federal Salary Transparency Act. Much has been written recently regarding the various salary transparency and reporting laws that have sprouted from state Houses across the Nation (we spoke to California’s onerous...more

Jenner & Block

Can You Go Green Without Being Accused Of Greenwashing?

Jenner & Block on

On Earth Day and every day, companies face increasing pressure to “go green” or be more “sustainable.” When companies heed this call—whether it’s by reducing GHG emissions, investing in renewable energy, or making their...more

BCLP

2023 Off & Running in Different ESG Directions?

BCLP on

Just over a month into 2023, we are poised for friction between the Biden Administration’s ESG strategy efforts and those of certain Congressional leaders now in the majority. A variety of proposed rules and legislation...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - December 2022 #3

Sen. Joe Manchin’s (D-WV) permitting reform hit the end of the road, failing with a vote of 47-47—however, Senate Democrats and Republicans signaled interest in addressing permitting approval in the new Congress....more

ArentFox Schiff

FTC Launches Review of "Green Guides"

ArentFox Schiff on

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — December 2022

SEC Enforcement: In its yearly summary of enforcement activity, the SEC chose to highlight ESG-related issues as one of only a handful of subject matter areas that the SEC is focused on, indicating the significant priority...more

Robins Kaplan LLP

Greenwashing Litigation is Increasing

Robins Kaplan LLP on

Newspapers often expose famous actors who publicly profess to be ardent climate change activists committed to reducing their carbon footprint while traipsing across the world aboard private jets. The World Economic Forum, for...more

Akin Gump Strauss Hauer & Feld LLP

CFTC Turns Spotlight on the Voluntary Carbon Markets

The Commodity Futures Trading Commission (CFTC) is joining other federal agencies in the move toward a whole-of-government approach to the mitigation of climate-related financial risk. The CFTC has taken steps this...more

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