News & Analysis as of

NAM Says No Need for En Banc Rehearing in Conflict Minerals Case

Earlier, the United States Court of Appeals for the District of Columbia Circuit ordered the appellants in the conflict minerals case, NAM et al, to file a response to the SEC’s and Amnesty International’s petition for an en...more

Publish The List — Hold The Irony

As required by section 1502(d)(3)(C) of Dodd-Frank, the U.S. Commerce Department has compiled and posted (albeit more than a year late) a list of ”all known conflict mineral processing facilities worldwide.” Without the...more

Don’t Forget About Conflict Minerals

The first wave of Form SD filings has come and gone, leaving us with more insight into supply chains and manufacturing processes than most of us ever wanted, yet much uncertainty about the actual sources of the conflict...more

Tech Companies, the Congo and Dodd-Frank

The fourth anniversary of the Dodd-Frank Act has prompted renewed discussion over the effectiveness of the legislation. Legislators continue their debate over the Financial Stability Oversight Committee and the Volcker Rule....more

Rooting Out Conflict Minerals

If your company manufactures consumer electronics, avionics, or any product incorporating even trace amounts of gold, coltan, cassiterite, or wolframite— including their derivatives, tantalum, tin, and tungsten—you may need...more

SEC Conflict Minerals Reporting Update

The first reports on Securities and Exchange Commission Form SD, regarding the presence of so-called "conflict minerals" in products manufactured or contracted for manufacture by SEC reporting companies, are due June 2, 2014....more

D.C. Circuit Refuses to Stay SEC's Conflict Mineral Deadline: Deadline to File Still Set for June 2

On May 14, 2014, the D.C. Court of Appeals rejected an emergency motion by business groups to delay the June 2, 2014 due date for companies to file disclosures about their use of certain minerals tied to armed factions in...more

Court Strikes Portions of Conflict Minerals Rule, But June 2 Filing Deadline Stands

A federal appeals court this week denied an emergency request by business groups to delay the June 2 deadline requiring companies to file a conflict-minerals disclosure report (Form SD) if their products contain minerals from...more

Updated: No Stay of SEC’s Conflict Minerals Rules

Court denies emergency motion for a stay. By order issued on May 14, 2014, the U.S. Court of Appeals for the District of Columbia denied the appellants’ emergency motion for a stay of the Securities and Exchange...more

Ten Tips to Develop a Practical Conflict Minerals Approach for 2014

As you sit at your desk waiting for any guidance regarding what your Conflict Minerals Report should look like, you may allow yourself to think about June 3, 2014, the day after companies are required to file their Form SD...more

Second Conflict Minerals Report Filed

The second Form SD and related conflicts minerals report has been filed. They are interesting documents but may still not be the holy grail of precedents because of, among other things, the use of terms like “Conflict Free...more

SEC Response To NAM Motion For Stay Of Conflict Minerals Rules

I hope NAM et al are successful in their motion for a stay of the conflict minerals rules, but it certainly isn’t a slam dunk. The SEC has filed its response to the motion for emergency stay. ...more

District Court’s Decision on Conflict Minerals Partially Overturned by Court of Appeals; SEC Stays Portion of Rule Determined to...

On April 14, 2014, the Court of Appeals for the D.C. Circuit issued its opinion on the challenge to the conflict minerals rule brought by the National Association of Manufacturers, among others. The district court previously...more

SEC Issues Statement on the Effect of the Recent US Court of Appeals Decision on the Conflict Minerals Rule

On April 29, Keith Higgins, the Director of the Securities and Exchange Commission’s Division of Corporation Finance, issued a public statement offering guidance on companies’ compliance with the conflict minerals rule in...more

Conflict Minerals Rule Update: SEC Issues Order Confirming Guidance and Denies NAM Motion for Stay

On May 2, 2014, the SEC issued an order partially staying its Conflict Minerals Rule. Essentially, the order reiterates the SEC’s April 29, 2014, guidance that the Commission will not require companies subject to the conflict...more

NAM Likely Headed For Court After SEC Denies Full Stay Of Conflict Minerals Rules

The SEC has denied NAM’s motion for a full stay of the conflict minerals rules. As I indicated, it was somewhat of a hail Mary, but maybe a precondition to asking the court for relief. ...more

Conflict Minerals Rule Update: SEC Guidance and NAM Motion for Stay

The SEC issued guidance on its interpretation of the U.S. Court of Appeals for the D.C. Circuit’s recent decision that certain portions of the SEC’s conflict minerals reporting requirements violate the First Amendment...more

NAM Throws A Hail Mary In Conflicts Minerals Case

When Commissioners Daniel M. Gallagher and Michael S. Piwowar released this Joint Statement on the Conflict Minerals Decision on April 28, 2014, I wondered where it would go. ...more

D.C. Circuit Largely Upholds SEC’s Conflict Minerals Rule But Supports First Amendment Challenge

On April 14, the D.C. Circuit Court of Appeals issued an opinion in National Association of Manufacturers v. SEC, a case that sought to challenge the conflict minerals rule released by the Securities and Exchange Commission...more

Circuit Court Largely Rejects Challenges To SEC Conflict Mineral Rules

The SEC largely prevailed in the D.C. Circuit Court of Appeals in a suit changing the Rules promulgated by the agency under Dodd-Frank regarding conflict minerals. National Association of Manufacturers v. SEC, No.. 13-5252...more

D.C. Circuit to Decide Validity of SEC Conflict Minerals Rule, But Companies Should Consider Preliminary Steps to Comply

Industry groups are urging the U.S. Court of Appeals for the D.C. Circuit to reverse a July 23 district court decision (28 CCW 233, 7/31/13) and invalidate a rule issued by the U.S. Securities and Exchange Commission that...more

SEC Issues Guidance on Conflict Minerals Rule

On May 30, 2013, the staff of the US Securities and Exchange Commission (the “Staff”) Division of Corporation Finance issued guidance in the form of frequently asked questions (“FAQs”) regarding the SEC’s rules requiring...more

SEC Staff Issues FAQs on Conflict Minerals Reporting

FAQs address issues pertaining to the scope and application of the conflict minerals reporting requirement. On May 30, the staff of the U.S. Securities and Exchange Commission (SEC) issued interpretive guidance on the...more

SEC Issues FAQs on Conflict Minerals and Resource Extraction

On May 30, 2013 the SEC released 12 FAQs relating to disclosure regarding the use of conflict minerals, and nine FAQs relating to disclosure of payments by resource extraction issuers. Disclosure of the use of conflict...more

The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance

On August 22, the Securities and Exchange Commission (SEC) adopted a controversial and far-reaching rule laying out the obligations that publicly traded companies must meet under the "Conflict Minerals" provisions of the...more

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