Daniel Lerman

Kramer Levin Naftalis & Frankel LLP

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SEC Abandons Climate-Related Disclosure Litigation — What Next?

The Securities and Exchange Commission (SEC) recently informed the U.S. Court of Appeals for the Eighth Circuit that it will no longer defend its March 6, 2024, rule requiring that companies disclose climate-related risks and...more

4/4/2025 / Administrative Procedure Act , Climate Change , Disclosure Requirements , Greenhouse Gas Emissions , Regulatory Requirements , Rulemaking Process , Securities and Exchange Commission (SEC) , Securities Regulation

Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege...

On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more

2/19/2025 / Appeals , Attorney-Client Privilege , Corporate Governance , Corporate Misconduct , Crime-Fraud Exception , Criminal Prosecution , Discovery , Evidence , Fraud

Supreme Court Limits SEC’s In-House Adjudicative Powers

On June 27, 2024, in Securities and Exchange Commission v. Jarkesy, the Supreme Court held that the Securities and Exchange Commission’s (SEC or the Commission) administrative process for adjudicating fraud-based enforcement...more

7/19/2024 / Administrative Authority , Administrative Law Judge (ALJ) , Administrative Proceedings , Enforcement Actions , Jury Trial , SCOTUS , SEC v Jarkesy , Securities and Exchange Commission (SEC) , Securities Fraud , Securities Regulation , Seventh Amendment

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