Seyfarth Synopsis: As discussed in our prior legal update available here, in 2023, California enacted two laws that mandate certain climate-related emissions disclosures and financial risk reporting for thousands of public...more
On March 6, 2024, the SEC announced its long-awaited adoption of final rules regarding climate-related disclosures by public companies and in public offerings (the “Climate Rules”). The SEC dialed back the more prescriptive...more
3/15/2024
/ Business Strategies ,
Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Proposed Rules ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Task Force on Climate-related Financial Disclosures (TCFD)
By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
As expected, in the last couple years the ESG disclosure frameworks, including climate-related disclosures, have been moving from voluntary to mandatory. While some standard setters are seeking to streamline reporting,...more
ESG is an acronym and importantly a movement with a viewpoint. It is also an evolving concept which uses the first letters of three words as its name. Those words are Environmental, Social and Governance. ESG is a concept...more
4/24/2023
/ Air Pollution ,
Business Roundtable ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Purpose ,
Corporate Social Responsibility ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Investment Opportunities ,
Securities and Exchange Commission (SEC) ,
Sustainable Business Practices
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
Seyfarth Synopsis: On November 30, 2022, the U.S. Court of Appeals for the Third Circuit reversed the trial court’s dismissal of Plaintiff’s claim in Ascolese v. Shoemaker Const. Co. The case involved a retaliation claim...more
In a recent decision from the United States District Court for the Southern District of New York, a federal Judge pushed back against the common but abusive practice of “mootness fee” payoffs in public M&A deals. In the...more
A key enforcement power of the Securities and Exchange Commission (“SEC”)—its ability to elect to conduct in-house administrative proceedings before Administrative Law Judges (“ALJs”) instead of bringing an action in federal...more
Seyfarth Synopsis: Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the Securities and Exchange Commission (“SEC”) sued a publicly traded Brazilian company....more
On April 28, 2022, the California Court of Appeals became the first appellate court outside of Delaware to uphold a federal forum provision (“FFP”) in governing corporate documents. The appellate decision was issued in the...more
On July 2, 2021, the US Supreme Court granted the Petition for a Writ of Certiorari filed in Pivotal Software, to address one of the many questions stemming from the Court’s decision in Cyan, which permitted state courts to...more
Background -
A recently decided Ninth Circuit case provides additional guidance for defendants looking to challenge standing in consumer class actions. In, McGee v. S-L Snacks National, Plaintiff brought a putative class...more
Seyfarth Synopsis: The SEC announced a new “human capital” disclosure requirement, to take effect thirty days after publication in the Federal Register. The language of the rule does not give much by way of guidance—on...more
Seyfarth Synopsis: The COVID-19 pandemic has already spurred several private securities class action lawsuits and Securities and Exchange Commission (“SEC”) enforcement actions. Companies that deal with COVID-19 on a daily...more
6/13/2020
/ Business Disruption ,
Carnival Cruise Lines ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Pharmaceutical Industry ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Vaccinations ,
Virus Testing ,
Zoom®
Seyfarth Synopsis: Following Delaware’s lead in Trulia, an Illinois District Court judge refused to approve a mootness fee settlement as “worthless to the shareholders.” The judge noted that such settlements amounted to a...more