Welcome to the inaugural issue of Katten ESG Guidepost. Each month, ESG Guidepost will highlight the latest news, legal and regulatory developments involving environmental, social and governance matters.
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4/27/2023
/ Biden Administration ,
Carbon Emissions ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Gender Equity ,
Greenwashing ,
Investors ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Sustainability
Do You Really Intend to Offer NFTs, Digital Collectibles and Virtual Goods? If Not, No Trademark -
The NFT explosion has led to a “gold rush” of thousands of new US trademark applications covering NFT-based digital files,...more
I wrote an article last month chronicling the rightwing-led backlash to ESG. Pouring corporate resources into ESG, the theory goes, diverts attention from the basic blocking and tackling involved in making money. There is...more
Following the Supreme Court's 2021 decision striking down the FTC's practice of using FTC Act Section 13(b) to obtain monetary redress in AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021), the FTC has been exploring...more
From New York to London, Paris and Milan, a colour that tends to make a regular resurgence on spring and summer runways is a classic fresh green. Who could forget the amazing Christian Siriano voluminous bubble gown in lime...more
Third-party environmental certifications are under misguided civil litigation attacks that will be counterproductive to environmental and social progress. In the last year, a variety of putative consumer class actions and...more
FINRA Updates its Sweep on Social Media Influencers, Customer Acquisition and Related Information Protection -
On February 28, the Financial Industry Regulatory Authority (FINRA) provided an update for its sweep on Social...more
NAD has revised its SWIFT challenge rules to accept simple "implied" claims. The cases, for now, must still involve a single issue and the implied claims must be very obvious, akin to "necessary implication" matters....more
These days, articles about ESG are often tempered with mentions of a growing anti-ESG movement. Indeed, ESG has become a political wedge issue. The Wall Street Journal has reported that none other than Leonard Leo, of...more
This past week, the Supreme Court heard oral arguments in Gonzalez v. Google. The petitioners are a family that unsuccessfully sued Google for aiding and abetting terrorism when their 23-year old daughter was tragically...more
SEC Announces Inspection Priorities for 2023 -
On February 7, the Securities and Exchange Commission (SEC) announced its inspection priorities for the current year. The announcement began by noting that the SEC examined 15...more
2/22/2023
/ Broker-Dealer ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Fund Managers ,
Investment Adviser ,
Investors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Whistleblowers
The Wall Street Journal published an excellent article today regarding corporate net zero pledges, referring as well to data pubished in the Corporate Climate Responsibility Monitor 2023, which looked at the progress made by...more
In response to numerous industry requests, the FTC has extended the deadline for submitting comments to the Green Guides by 60 days, from Feb. 21, 2023, to April 24, 2023.
If the FTC decides to convert the Guides into a...more
Before law school, your academic history shows a strong interest in science, with a bachelor’s degree in biology from Yale University and a masters in marine biology from the University of Miami. Why did you decide to pursue...more
We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising.
On the hot...more
1/26/2023
/ Advertising ,
Advertising to Minors ,
Environmental Social & Governance (ESG) ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Gaming ,
Hasbro ,
Intellectual Property Protection ,
NAD ,
Retail Market
It has long been established that carbon dioxide emissions contribute to global warming. A core tenet of ESG has been a focus on reducing CO2 emissions, or removing CO2 from the atmosphere. Numerous major corporations and...more
In a recent article, AdAge quotes top ad agency executives as saying that advertising about “value” is likely to be important in 2023: “[consumers] care about value as we continue to see inflationary pressure, so there will...more
The FTC just published an updated Health Products Compliance Guidance, which replaces its 1998 brochure, Dietary Supplements: An Advertising Guide for Industry. As the title indicates, the updated guidance covers all health...more
The State of California passed an update to its Song-Beverly Warranty Act, which will become effective on July 1, 2023. Any company selling products into the state that include written warranties, which is most companies,...more
First issued in 1992 and most recently updated in 2012, the FTC's "Green Guides" are a series of written guidance and recommendations to any company wishing to advertise about the environmental attributes of products and...more