On June 18, 2025, the presidency of the EU Council and representatives of the European Parliament agreed on substantial changes to the EU's carbon border adjustment mechanism (CBAM)....more
In two recent decisions in the defense and national security sector, the Italian Foreign Direct Investment Authority ("FDI Authority") asserted jurisdiction in connection with two acquisitions of non-Italian companies that...more
After a number of rounds of drafts, the EU Council has signed off on its position regarding the revisions to CSRD and CSDDD brought about by the Omnibus....more
6/26/2025
/ Corporate Governance ,
Corporate Social Responsibility ,
Corporate Sustainability Reporting Directive (CSRD) ,
Disclosure Requirements ,
Due Diligence ,
EU ,
New Regulations ,
Omnibus Guidance ,
Proposed Legislation ,
Regulatory Reform ,
Reporting Requirements ,
Sustainability
European Commission ("EC") issues its first fining decision for a no-poach agreement, and also sanctions for the first time the exchange of sensitive information between a company and its competing, non-controlling minority...more
6/9/2025
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Violations ,
Competition Authorities ,
Corporate Counsel ,
Enforcement Actions ,
European Commission ,
Fines ,
Merger Agreements ,
Minority Shareholders ,
No-Poaching ,
Popular ,
Sanctions
On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more
6/2/2025
/ Climate Change ,
Corporate Liability ,
Damages ,
Environmental Claims ,
Environmental Litigation ,
Environmental Policies ,
Farmers ,
Farms ,
Flooding ,
Fossil Fuel ,
Germany ,
Global Warming ,
Inland Waterways ,
Peru ,
Property Owners
Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more
5/29/2025
/ Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
Goods or Services ,
Manufacturers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Suppliers ,
Supply Chain
On May 22, 2025, the EU Commission adopted an implementing regulation to the EU's Deforestation Regulation ("EUDR") in which it identified the risk classification of countries as “low, standard or high risk” required under...more
Germany's new chancellor, Friedrich Merz, called for the repeal of the CSDDD during his inaugural visit to the European Commission on May 9, 2025. German public television quoted him as follows: “The permanent solution to...more
5/13/2025
/ Corporate Governance ,
Corporate Sustainability Reporting Directive (CSRD) ,
EU ,
EU Directive ,
European Commission ,
European Parliament ,
Germany ,
Human Rights ,
Popular ,
Proposed Legislation ,
Regulatory Reform ,
Supply Chain
The EU's Corporate Sustainability Due Diligence Directive (CS3D) stresses that industry initiatives (next to multi-stakeholder initiatives) can constitute helpful tools for allowing covered companies to fulfill their...more
Just as the European institutions adopted a Stop The Clock before a deep dive on Omnibus provisions, a coalition of NGOs filed a formal complaint on April 18, 2025, with the European Ombudsman. They claim the European...more
4/21/2025
/ Climate Change ,
Corporate Governance ,
Corporate Sustainability Reporting Directive (CSRD) ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
NGOs ,
Regulatory Reform ,
Rulemaking Process ,
Sustainability ,
Taxonomy ,
Transparency
During its 83rd session from April 7 to 11, 2025, the International Maritime Organisation's (IMO) Marine Environment Protection Committee (MEPC) approved, among other things, new fuel standards for ships and the first...more
On April 15, 2025, the EU Commission published a new Guidance Document, new frequently asked questions (FAQs), and a proposal for a new Delegated Act designed to simplify the compliance with the EU Deforestation Regulation...more
4/18/2025
/ Due Diligence ,
Environmental Policies ,
EU ,
European Commission ,
Forestry ,
Imports ,
New Guidance ,
New Regulations ,
Regulatory Reform ,
Supply Chain ,
Sustainability
The heads of the German Christian Democratic Union (CDU), the Christian Social Union in Bavaria (CSU) and the German Social Democratic Party (SPD) presented their plans for their joint Government on April 9, 2025....more
4/11/2025
/ Climate Action Plan ,
Corporate Governance ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Germany ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Supply Chain ,
Sustainability ,
Taxonomy
On April 3, 2025, the European Parliament adopted, by an overwhelming majority, a Directive that would “stop the clock” on certain reporting requirements under the EU Corporate Sustainability Reporting Directive (CSRD), as...more
The European Commission proposed the EU Omnibus package on February 26 to reduce the burden, and delay application, of the EU Corporate Sustainability Reporting Directive (CSRD) and the EU Corporate Sustainability Due...more
4/2/2025
/ Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Proposed Legislation ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Sustainability
In its meeting of March 20, 2025, the European Council expressed its support of the so-called Omnibus Package proposed by the European Commission on February 26, 2025. The Omnibus Package includes significant changes to EU...more
3/31/2025
/ Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Parliament ,
Regulatory Reform ,
Reporting Requirements ,
Sustainability ,
Sustainable Finance
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
3/28/2025
/ Agribusiness ,
Appeals ,
Carbon Emissions ,
Climate Change ,
Damages ,
Energy Policy ,
Environmental Claims ,
Environmental Liability ,
Environmental Litigation ,
Farms ,
Fossil Fuel ,
Germany ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Property Damage
The Australian Treasury, which administers Australia's foreign investment framework, has released its first quarterly report for the 2024-25 financial year. Here are some key statistics and trends from the report.
Treasury...more
Recent rulings indicate that it will be easier for cartel victims to pursue their claims in German courts by assigning them to a special purpose vehicle ("SPV"), which then litigates the combined claims as the sole plaintiff...more
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
On January 15, 2025, the European Commission ("EC") published a Recommendation ("EU Recommendation") urging European Union Member States to start reviewing outbound investments outside of the EU in three strategic sectors:...more
New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more
12/11/2024
/ Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hague Convention ,
Infrastructure ,
Pollution Control ,
Shell Oil
On October 2, 2024, the European Commission (the "Commission") proposed an extra 12 months of phasing-in time for the application of the EU Deforestation Regulation ("EUDR"), one of the EU's measures to combat climate change....more
The EU's new Forced Labour Regulation supplements a broad range of other legislative acts to fight forced labor....more
The Development: Recently, the Australian Competition and Consumer Commission ("ACCC") published draft guidelines designed to assist businesses to understand how they can collaborate on sustainability initiatives without...more