News & Analysis as of

Securities and Exchange Commission (SEC) Statutory Authority Disclosure Requirements

Latham & Watkins LLP

SEC Responds to Eighth Circuit, Asking Eighth Circuit to Rule on Climate Disclosure Litigation

Latham & Watkins LLP on

The SEC has stated that a ruling would help it determine the relevance of future rulemaking. On July 23, 2025 the US Securities and Exchange Commission (SEC or Commission) submitted a status report ordered by the Eighth...more

Fenwick & West LLP

SEC Climate Rule Saga Continues

Fenwick & West LLP on

The Securities and Exchange Commission’s (SEC) controversial climate disclosure rules have been essentially dead since last March, when the SEC voted to end its defense of the rules. ...more

Wilson Sonsini Goodrich & Rosati

SEC Requests Eighth Circuit Decide Climate Rules Litigation

On July 23, 2025, the U.S. Securities and Exchange Commission submitted a status report to the U.S. Court of Appeals for the Eighth Circuit regarding the final climate-related disclosure rules. According to the status report,...more

McDermott Will & Emery

Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

McDermott Will & Emery on

On December 11, 2024, the US Court of Appeals for the Fifth Circuit vacated the US Securities and Exchange Commission’s (SEC) order approving The Nasdaq Stock Market LLC’s (Nasdaq) board diversity rules, holding that the...more

Fenwick & West LLP

Nasdaq Board Diversity Rules Struck Down by Fifth Circuit

Fenwick & West LLP on

In August 2021, the SEC approved new board diversity rules requiring Nasdaq-listed companies (i) to include a board diversity matrix in their proxy statement or on their website and (ii) to disclose whether they have one...more

Carlton Fields

Outlook Dark for the SEC’s ESG Rule After Loper Bright

Carlton Fields on

For 40 years, the standard of review for agency rulemaking was set forth in the U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. Chevron held that when a statute is silent or...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

Crunched Credit

Regulatory Contagion

Crunched Credit on

Last year, I wrote a commentary entitled Contagion.  That commentary was inspired by the early days of the meltdown of the crypto currency market (long before SBF made the whole space way more notorious with a whiff of...more

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