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First Amendment › Publicly-Traded Companies

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Pillsbury - Gravel2Gavel Construction & Real...

Federal Court Halts Enforcement of Texas SB 2337 Regarding Proxy Advisor Disclosure of ESG or Other “Nonfinancial” Considerations

Pillsbury - Gravel2Gavel Construction & Real... on

Enacted earlier this year and scheduled to take effect September 1, SB 2337 would impose new disclosure obligations on proxy advisory firms issuing recommendations regarding Texas-based public companies, including a...more

Fenwick & West LLP

Judge Allows California Climate Disclosure Laws to Proceed... For Now

Fenwick & West LLP on

On Tuesday, a California judge denied a motion for summary Judgment to strike down, on First Amendment grounds, California’s climate disclosure laws—at least for now....more

Fenwick & West LLP

SEC Files Brief in Support of Climate Disclosure Rules

Fenwick & West LLP on

On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part XI: Fifth Circuit Reconsiders Nasdaq’s Board Diversity Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The U.S. Court of Appeals for the Fifth Circuit will likely weigh in soon on the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rule that will require listed companies to disclose...more

Foley Hoag LLP - Energy & Climate Counsel

Federal Court of Appeals Stays SEC Climate Rule

Foley Hoag LLP - Energy & Climate Counsel on

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors, which we covered...more

Goldberg Segalla

California Air Resources Board Receives Legal Challenge to the State’s New Climate Disclosure Laws

Goldberg Segalla on

Last week, the California Air Resources Board (CARB) was named as a defendant in a new U.S. District Court, Central District of California lawsuit challenging California’s two new climate disclosure and financial reporting...more

Jenner & Block

Client Alert: State Legislators Target Diversity Statements in Latest Effort to Dismantle DEI Initiatives

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As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more

Holtzman Vogel Baran Torchinsky & Josefiak

State Proposed Bills Would Restrict Free Speech Rights, Add Duplicative Reporting

Holtzman Vogel Baran Torchinsky & Josefiak on

Two bills in Hawaii and Wyoming may soon prohibit many companies from exercising their First Amendment rights and add duplicative and burdensome reporting requirements when using their federal PACs. In Hawaii, Senate...more

Cozen O'Connor

Republican AGs Object to SEC Climate Change Reporting Proposal

Cozen O'Connor on

A Republican group of 24 AGs, led by Patrick Morrisey of West Virginia and Mark Brnovich of Arizona, sent a letter to Secretary of the Securities and Exchange Commission, Vanessa Countryman, expressing opposition to the...more

Perkins Coie

CEOs, Politics and the Law: Guidelines for a New Era in Corporate Social Speech

Perkins Coie on

In recent weeks, America’s CEOs have spoken out on social issues like never before, placing the business community firmly within the national debate. Likewise, companies are feeling internal and external pressures to...more

Cooley LLP

Blog: U.S. Chamber Of Commerce Won’t Challenge Pay-Ratio Rules — At Least For Now — And Will Focus Instead On Conflict Minerals...

Cooley LLP on

The WSJ is reporting that, contrary to all expectations (including my own), “the U.S. Chamber of Commerce isn’t planning to mount a legal challenge to the Securities and Exchange Commission’s pay ratio rule.”...more

Dorsey & Whitney LLP

SEC and Amnesty International Seek En Banc Rehearing of Decision in Ongoing Conflict Minerals Court Battle

Dorsey & Whitney LLP on

On Friday, the SEC and Amnesty International each filed petitions seeking a rehearing en banc of the August 2015 panel opinion of the U.S. Court of Appeals for the District of Columbia Circuit regarding the conflict minerals...more

Foley Hoag LLP

D.C. Circuit Court Re-Affirms Decision that Portions of SEC’s Conflict Minerals Rules are Unconstitutional

Foley Hoag LLP on

On August 18, 2015, the United States Court of Appeals for the D.C. Circuit, in likely the first majority opinion citing Charles Dickens (A Tale of Two Cities) and George Orwell (Nineteen Eighty-Four), re-affirmed its...more

Alston & Bird

D.C. Circuit Reaffirms 2014 Opinion on Conflict Minerals Rule

Alston & Bird on

On August 18, 2015, the U.S. Court of Appeals for the D.C. Circuit reaffirmed its 2014 ruling that struck down the requirement that public companies must disclose to the Securities and Exchange Commission (SEC), and on their...more

Faegre Drinker Biddle & Reath LLP

D.C. Circuit Reaffirms That Portions of Dodd-Frank Conflict Minerals Rules Violate First Amendment

Faegre Drinker Biddle & Reath LLP on

On August 18, 2015, the United States Court of Appeals for the District of Columbia Circuit reaffirmed its ruling in National Association of Manufacturers v. Securities and Exchange Commission that portions of the SEC’s...more

Cooley LLP

Blog: This Year’s Conflict Minerals Filings Show Some Improvement, According To Early Review

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An early review of conflict minerals filings for the 2014 reporting period shows improvement in “detail, clarity and quality,” according to this article in BNA. As reported by Elm Sustainability Partners, a conflict minerals...more

Mintz - Securities & Capital Markets...

Whose Role is it Anyway? Unanswered Questions About Social, Political, or Environmental Corporate Disclosures

Mintz - Securities & Capital Markets... on

The D.C. Circuit attracted plenty of attention by ruling that one of the SEC’s conflict mineral disclosure rules – promulgated pursuant to a specific Congressional mandate in the Dodd-Frank Act – violated the First Amendment....more

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