News & Analysis as of

Marketing Corporate Governance

Latham & Watkins LLP

FCA Pushes Back Deadline for SDR Naming and Marketing Rules

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The regulator is providing temporary flexibility in light of concerns that asset managers need extra time to prepare. On 9 September 2024, the FCA published a statement on its naming and marketing rules under the...more

K&L Gates LLP

Lawn and Order: Major Steps Against Greenwashing in Europe

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A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced...more

Latham & Watkins LLP

ESAs Propose New SFDR Classification System

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The ESAs urge the European Commission to consider a labelling rather than a disclosure regime to help consumers understand the sustainability goals of financial products....more

Foley & Lardner LLP

Legal Considerations for Chinese Investors Eyeing the US Market

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In today’s global economy, cross-border transactions have become increasingly common, offering opportunities for businesses to expand their reach and diversify their portfolios. For Chinese companies looking to invest in US...more

Cadwalader, Wickersham & Taft LLP

Court Declares Austrian Airlines Liable for Greenwashing

An Austrian regional court found Austrian Airlines AG (AUA), a subsidiary of German airline Lufthansa, liable for greenwashing for advertisements offering carbon-neutral flights that used 100% sustainable aviation fuel (SAF),...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

“Greenwashing” refers to the practice of making false or misleading claims about the environmental benefits of a product in order to represent it as more environmentally friendly than it actually is. Given consumers’...more

Holland & Knight LLP

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Management Update - August 2023

Closed-End Fund Activism Update - Activist investors continue to take large positions in closed-end funds and engage in disruptive activity that may be harmful to long-term shareholders of retail closed-end funds. This...more

Society of Corporate Compliance and Ethics...

The ‘S’ in marketing

I can’t think of a better example of the convergence of environmental, social, and governance (ESG) factors, compliance, and ethics than in marketing and public relations. This area is filled with opportunities and risks...more

Proskauer - Employee Benefits & Executive...

Option Grant Practices: A Trap for the Unwary – Spring-Loading and Bullet-Dodging

A potentially overlooked but important issue that public companies should have in mind when granting option or option-like awards is avoiding the unintentional appearance of “spring-loading” and “bullet-dodging,” both of...more

Society of Corporate Compliance and Ethics...

CEP Magazine - February 2023. Compliance hotline cases: A risk-based approach

Compliance professionals regularly face various work-related challenges, yet the one shared most by everyone is timely access to accurate information. Such timely access is the key to compliance effectiveness mitigating the...more

Akin Gump Strauss Hauer & Feld LLP

SEC Marketing Rule: A 30-Day Compliance Plan

The substantive provisions of the new Marketing Rule come into effect for all private fund managers, fund sponsors and other investment advisers registered with the U.S. Securities and Exchange Commission in one month (i.e.,...more

Stradling Yocca Carlson & Rauth

The Legal Risks of Greenwashing Are Real

When a company misrepresents its sustainability or eco-friendly policies, it is referred to as greenwashing, and consumer activists groups are taking action, warn attorneys with Stradling Yocca Carlson & Rauth. They look at...more

Morrison & Foerster LLP

SEC Risk Alert Provides Insight Into Examinations Related To ESG Investing

On April 9, 2021, the SEC’s Division of Examinations (“EXAMS”) published a Risk Alert summarizing its observations from recent examinations of investment advisers, registered investment companies, and private funds engaged in...more

WilmerHale

In Case You Missed It: Launch Links - August 2020 #5

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Some interesting links we found across the web this week: 7 tips for startups seeking VC funding in the pandemic - The coronavirus pandemic has founders concerned about raising capital for their startups. ...more

Fenwick & West LLP

IPO and Direct Listing Planning Checklist

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Executing a successful IPO or direct listing in the United States requires a significant amount of work. Much of this work has to be done well in advance of the anticipated date of the company’s organizational meeting with...more

Perkins Coie

2020 Summer Sustainability Series - Issue 1

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“Sustainability” is more than just a buzzword or corporate initiative in the outdoor industry. It’s not an idea haphazardly thrown into marketing directives as an afterthought to persuade consumers that a brand is worthy of...more

Benesch

Point Of Sale Newsletter - Q4 2019

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Consumer activism and conscious consumerism are on the rise, with consumers expected to spend upwards of $150 billion on sustainable products by 2021 in the U.S. alone. Though consumers are willing to pay a premium for...more

Thomas Fox - Compliance Evangelist

Compliance Lessons from Santa

In honor of Christmas I want to write about some of Santa’s lessons for the compliance practitioner, which I have adapted from an article in the Houston Business Journal, entitled “10 Valuable Business Lessons from Santa” by...more

Spilman Thomas & Battle, PLLC

Community Banking Excellence - 2nd Quarter 2013

In This Issue: - Conversation with a Community Banking Professional: Jillian Gibson - Future of Community Banking Symposium Highlights - Dodd-Frank Act Essentials: Corporate Governance Reforms -...more

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