The European Union published its long-awaited "Omnibus" package, proposing to delay key European ESG rules, while simultaneously reducing the applicability and burden of corporate sustainability reporting and due diligence...more
2/27/2025
/ Carbon Emissions ,
Corporate Governance ,
Corporate Sustainability Reporting Directive (CSRD) ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Investors ,
Omnibus Guidance ,
Regulatory Requirements ,
Sustainability
The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more
The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more
7/19/2024
/ Climate Change ,
Energy Projects ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
EU ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Popular ,
UK ,
UK Supreme Court ,
Urban Planning & Development
The Context: Litigation over State obligations to mitigate climate change intensifies globally, with NGOs and individuals pressuring corporations to cut emissions. The European Court of Human Rights ("ECtHR") issued three...more
The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more
5/22/2024
/ Advertising ,
Advertising Standards Authority ,
Competition ,
Corporate Counsel ,
Environmental Claims ,
Environmental Policies ,
EU ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Energy ,
Greenwashing ,
Section 5 ,
UK ,
UK Competition and Markets Authority (CMA)
The European Commission ("Commission") adopted an Industrial Carbon Management Communication ("Communication") on 6 February 2024, outlining the Commission's ambitions for a strategy to boost the deployment of technologies in...more
The Council of the European Union ("EU") approved the Corporate Sustainability Due Diligence Directive ("CS3D") on March 15, 2024. The CS3D contains due diligence and governance obligations that will have an extensive impact...more
3/20/2024
/ Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
European Commission ,
Financial Institutions ,
Green Deal ,
Regulatory Agenda ,
Reporting Requirements ,
Risk Assessment ,
Sustainability
The Council of Europe and the European Parliament announced on December 14, 2023, that they reached a political agreement on the text of the upcoming European Union ("EU") Corporate Sustainability Due Diligence Directive...more
The EU’s Corporate Sustainability Reporting Directive (“CSRD”) requires the most detailed and onerous ESG reporting and disclosures anywhere in the world. All told, it is estimated that more than 50,000 companies, including...more
9/21/2023
/ Air Pollution ,
Biodiversity ,
Climate Change ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Parent Corporation ,
Proposed Regulation ,
Proposed Rules ,
Sustainability ,
Water
REGULATORY ISSUES & UPDATES -
New CFTC Enforcement on Carbon Markets Misconduct -
The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more
8/18/2023
/ Airlines ,
CARB ,
CFTC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
HFC Emissions ,
Shareholder Litigation ,
UK
In Short -
The Situation: The European Union ("EU") has adopted a new regulation designed to tackle deforestation and forest degradation in the EU and globally by preventing European citizens from buying, using, and...more
Nearly every board of a publicly traded company in the European Union, United Kingdom, or United States will have considered and, for most, reported on ESG matters. And it is not just public companies. In what has been little...more
In Short -
The Situation: The European Commission ("EC") is expected to release guidelines regarding a newly introduced exemption to the EU antitrust rules for certain agreements aimed at achieving the EU's sustainability...more
To anticipate the risk of a complete halt, or further substantial reduction, of Russian gas supplies in the near future, Member States of the EU have agreed to reduce their gas consumption by 15% between 1 August 2022 and 31...more
EU rules prohibit "State aid," unless the Commission authorizes the aid as compatible with the EU Treaties. State aid is a Member State funding measure imputable to the State and financed through State resources that benefits...more
2/14/2022
/ Climate Action Plan ,
Corporate Financing ,
Corporate Governance ,
Environmental Justice ,
EU ,
European Commission ,
Green Deal ,
Greenhouse Gas Emissions ,
Nuclear Power ,
Pollution Control ,
State Aid
With the recently adopted SDDA, Germany joins France in imposing human rights and environmental due diligence obligations along international supply chains of large companies. The SDDA covers companies based in Germany with...more
8/20/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Due Diligence ,
Environmental Liability ,
Environmental Social & Governance (ESG) ,
EU ,
France ,
Germany ,
Human Rights ,
Risk Management ,
Risk-Based Approaches ,
Supply Chain
The Situation: The European Commission ("Commission") has faced significant pressure from stakeholders to quickly address growing concerns over the distortive effects of foreign subsidies and to ensure a level playing field...more
The REACH reform recently announced by the European Commission is expected to substantially change the current rules for REACH restrictions and authorizations.
The European Commission ("Commission") has recently provided...more
The European Commission would gain extensive new powers to counteract alleged distortive effects of foreign subsidies in the EU Single Market—combining elements from EU rules on state aid, trade defence, merger control, and...more
Although the EU has strict rules that limit the circumstances in which Member States can subsidize companies in the EU, the rest of the world does not. The European Commission considers this difference unfair because it would...more
As the activity of administrative authorities and courts is directly impacted by measures to slow down the coronavirus (COVID-19) pandemic, many questions arise as to the impact on proceedings and deadlines for private...more
The first one, called EU Chemicals Legislation Finder ("EUCLEF"), which is an online search tool, became operational on March 11, 2020. For each substance searched on the ECHA Information on Chemicals Portal, EUCLEF...more
The Situation: In a recent decision, the French Supreme Court clarified the surveillance obligations of notified bodies—independent entities accredited by an EU Member State's national health authority to determine whether a...more
1/31/2019
/ Criminal Liability ,
Disclosure Requirements ,
Distributors ,
Emotional Distress Damages ,
EU ,
France ,
Manufacturers ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Standards ,
Supreme Court of France
The Situation: Autonomous cars with incorporated artificial intelligence ("AI") are now a reality whereas French regulations have yet to adjust.
The Issue: The phenomenon of new autonomous cars using AI gives rise to...more
11/27/2018
/ Artificial Intelligence ,
Automation Systems ,
Automotive Industry ,
Breach of Warranty ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
EU ,
France ,
Manufacturers ,
Member State ,
Popular ,
Regulatory Oversight ,
Strict Product Liability
The Ruling: On October 9, 2018, the Hague Court of Appeal upheld the Hague District Court's 2015 first-instance ruling that the Dutch State violated the European Convention on Human Rights ("ECHR") and failed to fulfil its...more