News & Analysis as of

Fraud Greenwashing

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Kelley Drye & Warren LLP

NY Court Stalls JBS Greenwashing Suit

In 2023, NAD reviewed claims that JBS had made about its goal ​“to be net zero by 2040.” NAD determined that although the company had taken steps to reach the goal, those steps weren’t enough to support the claim. In 2024,...more

A&O Shearman

Australia’s regulatory crackdown targets bribery, money laundering and cybercrime

A&O Shearman on

New bribery offenses in Australia now make it easier for authorities to prosecute organizations and require companies to exercise greater oversight and controls. Australia’s regulators remain active in greenwashing and other...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for October 2024

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Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •Accounting fraud charges for allegedly concealing costs; ...more

Proskauer Rose LLP

Funds in Focus: Top SEC Exam and Enforcement Trends

Proskauer Rose LLP on

The Securities and Exchange Commission’s (“SEC”) National Examination Program is designed to improve compliance, prevent fraud, monitor risk and inform policy. It is also a consistent source of referrals to the SEC’s Division...more

Bracewell LLP

Greenwashing: Emerging Compliance and Cross-Border Legal Risks

Bracewell LLP on

Greenwashing, or the use of green ‘claims’ to improve a business’ or product’s environmental credentials with consumers, has come under significant scrutiny in recent years. Both the Advertising Standards Authority and the...more

Mintz

Second Circuit Upholds Summary Judgment for Defendants Against Allegations That "All Natural" Label Was Misleading

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Yesterday, the Second Circuit upheld the district court's award of summary judgment in favor of the defendant concerning certain class actions claims that “the phrase ‘All Natural’ that appeared on the labels of [Defendant's]...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - May 2024

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Mintz

UK Financial Regulator Confirms Plan to Combat Greenwashing

Mintz on

Last week, the United Kingdom's Financial Conduct Authority issued guidance on its proposed anti-greenwashing rule, which will come into effect at the end of May 2024. (Greenwashing is when a product, service, or firm is...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

Jones Day on

On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Society of Corporate Compliance and Ethics...

[Virtual Event] ESG and Compliance Conference - November 30th, 8:30 am - 4:30 pm CT

Environment, Social, and Governance (ESG) is a top priority for organizations of all types and sizes, and it the compliance team is a key factor in the ESG equation. Much like regulatory risks, managing ESG goals and metrics...more

Society of Corporate Compliance and Ethics...

Let’s call it what it is

Sometimes I think we need fewer terms to describe the same or similar things. In the environmental, social, and governance (ESG) world, much is made—rightfully so—of greenwashing, which occurs when an organization makes false...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

Paul Hastings LLP

Carbon Offsets and Voluntary Carbon Markets – Opportunities and Uncertainty

Paul Hastings LLP on

The voluntary carbon market is rapidly growing to match the increasing focus by corporate leaders on ESG efforts and net-zero goals. In 2021, the voluntary carbon market reached $2 billion, and by some estimates may be worth...more

Cadwalader, Wickersham & Taft LLP

CFTC Enforcement Encourages Carbon Markets Whistleblowers

On June 20, following a number of consultative papers, reports, committee hearings and public speeches by representatives of the Commodity Futures Trading Commission (“CFTC”), the staff of CFTC’s Division of Enforcement...more

Cadwalader, Wickersham & Taft LLP

Airline Sued Over Claims That it is “First Carbon-Neutral Airline”

On May 30, 2023, a consumer class action lawsuit was filed in the United States District Court for the Northern District of California asserting that the airline falsely claimed that it is the world’s “first carbon-neutral...more

BCLP

Banking Bites - November 2022

BCLP on

Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more

Society of Corporate Compliance and Ethics...

[Virtual Event] ESG and Compliance Conference - December 1st, 8:25 am - 3:00 pm CST

Discover how to set and accomplish your ESG goals - Environment, Social, and Governance (ESG) is no longer an isolated function within a company, nor is it an issue only for publicly traded companies. It’s front and center...more

Society of Corporate Compliance and Ethics...

[Virtual Event] ESG and Compliance Conference - April 26th, 7:55 am - 3:15 pm CDT

Discover how to set and accomplish your ESG goals - Environment, Social, and Governance (ESG) is no longer an isolated function within a company, nor is it an issue only for publicly traded companies. It’s front and...more

Wiley Rein LLP

SEC Enforcement Related to ESG Investing Likely to Increase in 2022

Wiley Rein LLP on

In March 2021, the U.S. Securities and Exchange Commission (SEC) created a Climate and Environmental, Social, and Governance (ESG) Task Force (ESG Task Force) within the Division of Enforcement, the purpose of which is to...more

Society of Corporate Compliance and Ethics...

Food supply chains under increasing scrutiny

Report on Supply Chain Compliance 2, no. 20 (Oct. 24, 2019) - The United States Federal Trade Commission (FTC) issued a monetary penalty for “greenwashing” last month, the first such penalty imposed on a company for falsely...more

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