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SEC Stays Climate Disclosure Rules After Legal Challenges Consolidated in MDL

On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) issued a stay of its final rules on climate-related disclosures. As detailed in our previous advisory on the topic, days after the final rules were issued in...more

SEC Roll-Out of Climate Disclosure Rules Put On Hold Pending Ongoing Legal Challenges – What Does It Mean for SEC Filers?

Ending two years of anticipation over the final contours of its controversial foray into requiring a sweeping range of public company disclosures of business risks associated with climate change, the U.S. Securities and...more

Fifth Circuit Upholds Nasdaq Board Diversity Rule in Alliance for Fair Board Recruitment, National Center for Public Policy...

On October 18, 2023, the United States Court of Appeals for the Fifth Circuit in Alliance for Fair Board Recruitment v. SEC, 5th Cir., No. 21-60626 upheld Nasdaq’s board diversity rule, which encourages greater board...more

With Regulation in Flux, the SEC Disapproves Proposed Grayscale Investments’ Spot Bitcoin ETF

On June 29, 2022, the Securities and Exchange Commission (SEC) rejected Grayscale Investments’ proposal to convert Grayscale® Bitcoin Trust (OTCQX: GBTC) to a spot Bitcoin ETF. See SEC Order Disapproving a Proposed Rule...more

SEC Proposes New ESG Disclosures for Funds and Investment Advisers

On May 25, 2022, the SEC adopted in a 3-1 vote proposed rules and forms amendments to require specific disclosure of funds’ and investment advisers’ use of environmental, social and governance (ESG) factors as part of their...more

SEC Unveils Landmark Proposed Rules on Climate Change Disclosures

On March 21, the U.S. Securities and Exchange Commission (SEC) unveiled its long-anticipated draft proposed rules for mandatory climate disclosures that would align the United States with other developed economies,...more

Minding the Gaps: SEC’s Sample Letter Provides Valuable Guidance Into Relevant Climate Change Disclosures

On September 22, 2021, the Securities and Exchange Commission’s (the “SEC’s” or the “Commission’s”) Division of Corporation Finance issued new climate change guidance. The guidance consists of a sample letter outlining...more

What Does The SEC Approved NASDAQ Diversity Proposal Mean For Boards? [Audio]

On this episode of Kelley Drye’s Legal Download, Senior Associate Courtney Kleshinski and Special Counsel Shanin Farmer will discuss NASDAQ’s Diversity Proposal, approved by the SEC in August 2021, that would establish a...more

SEC Approves Nasdaq's Diversity Proposal: What It Means for Boards

Despite the growing business case for diversity and pressure from institutional investors and others, companies are still struggling to make meaningful advancements on diversity. On August 6, 2021, the SEC approved a Nasdaq...more

ESG Legislation Targets Climate Risk Disclosure

The push for publicly traded companies to disclose information on climate risks has made its way into a number of legislative proposals, including a comprehensive bill recently passed by the U.S. House of Representatives....more

Board Oversight of ESG: Beyond Disclosure

While pressure from institutional investors, such as BlackRock, Vanguard, and State Street, has contributed to increased focus and urgency on environmental, social, and governance (ESG) matters, so has pressure from...more

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