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Making Waves: The SEC Publishes Final Climate Disclosure Rules

Key Points - On Wednesday, March 6, 2024, the SEC in a 3-2 vote adopted “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (Final Rule). The Final Rule will require public companies to...more

This Week’s Climate Policy Update - February 2023

In light of anticipated lawsuits, Securities and Exchange Commission (SEC) Chair Gary Gensler is reportedly considering rolling back the commission’s proposed climate-risk disclosure rule. Meanwhile, House Republicans...more

ISSB Sustainability Disclosure Proposals

In view of the upcoming July 29 deadline to the International Sustainability Standards Board’s (ISSB) consultation period for its proposed sustainability disclosure standards, Akin Gump would like to remind readers of the...more

California Climate Disclosure Legislation Clears Critical Hurdles

Legislation to “prevent corporate greenwashing” by requiring major companies doing business in California to publicly disclose their scope 1, 2 and 3 greenhouse gas (GHG) emissions has cleared two critical committees....more

The (Carbon) Cost of Doing Business: Private Companies Prepare to Assess and Report GHG Emissions to Value Chain Partners

The U.S. Securities and Exchange Commission’s (SEC) proposed amendments on climate-related disclosures would require public companies, or “registrants,” to provide detailed climate-related information in their registration...more

Sea Change: The SEC Makes Waves with New Proposed Climate Disclosure Rules

Key Points - On Monday, March 21, 2022, the SEC in a 3-1 vote proposed amendments to require public companies to provide certain climate-related information in their registration statements and annual reports. The...more

In re Boeing: Revisiting Potential Director Liability Exposures

Recent rulings underscore the attention boards of directors and management must continue to pay to the risks faced by companies across all sectors of the economy and their potential impact on business operations...more

Treasury Department Seeks Public Input on Insurance Sector and Climate-Related Financial Risks

The November 15, 2021, deadline is approaching to submit comments to the Treasury Department’s Federal Insurance Office (FIO) on its Request for Information (RFI) seeking input on FIO’s future work concerning the insurance...more

Corp Fin’s Climate Disclosure Review is Here – What to Expect and How to Prepare

Last week, the Division of Corporation Finance (Corp Fin) of the Securities and Exchange Commission (SEC) published an illustrative letter that provides samples of comments, which the SEC may issue to companies regarding...more

What do “Green” and “Sustainable” mean? SEC to Consider New Fund Data Disclosure Requirements

Gary Gensler, Chair of the U.S. Securities and Exchange Commission (SEC), has asked the SEC staff to consider issuing new rules that would require fund managers to disclose the criteria and underlying data used in marketing...more

Recent ESG-Developments Affecting The Energy Industry

On Wednesday, May 26, 2021, a series of events transpired that could have long-lasting impacts on the energy industry and which seem likely to accelerate that industry’s evolving responses to environmental, social and...more

Cos. Can Expect Tougher Climate Risk Disclosure Mandates

This spring, Democratic members of both houses of Congress reintroduced the Climate Risk Disclosure Act, or CRDA, a bill that would require every public company to issue climate-related financial disclosures. While prior...more

SEC Climate Disclosure Requirements Become More Likely

The U.S. House of Representatives has approved a bill backed by President Biden supporting the Corporate Governance Improvement and Investor Protection Act (the “Act”), H.R. 1187. The Act supports the Securities and Exchange...more

SEC’s Disclosure Rules to Touch Climate, Human Capital and More

According to media reports, during last week’s annual Conference on Financial Market Regulation—hosted jointly by the Securities and Exchange Commission’s (SEC) Division of Economic and Risk Analysis, Lehigh University and...more

Ready or Not, Here They Come: Climate Disclosure Requirements for All Public Companies Move a Step Closer to Becoming Law

Democratic members of both houses of Congress reintroduced last month the Climate Risk Disclosure Act (“Act”), H.R. 2570, a bill that would require every public company to issue climate-related financial disclosures. This...more

The SEC’s Latest Risk Alert Puts ESG Investing in the Crosshairs

The Securities and Exchange Commission’s (SEC, or Commission) Division of Examinations (Division) recently issued a Risk Alert highlighting staff observations from examinations of investment advisers, registered investment...more

Commissioner Peirce Implores the SEC to Rethink ESG Metrics

In the wake of the Securities and Exchange Commission’s (SEC or “Commission”) recent request for comment on climate change disclosures and actions related to environmental, social and governance (ESG) matters, Commissioner...more

As the SEC Gears Up for Mandatory Climate Disclosure, So Does California

Many investors and other stakeholders have long sought universal requirements for public companies to disclose the social and climate impacts of their operations. If recent developments at the United States Securities and...more

Biden’s “Money Cop” to Shine a Light on ESG Disclosure as SEC Requirements—and a Potential Universal Reporting Framework—Appear...

Key Points - Mandatory ESG requirements could be an early priority for SEC chair nominee Gary Gensler, with increasing calls from within the SEC to require material ESG risk disclosures. - The EU recently implemented...more

Keeping a Close Eye on ESG Issues to Minimize Risk during the COVID-19 Pandemic

- The COVID-19 crisis poses new challenges for companies seeking to manage ESG risks during a period of significant business disruption. - Employers need creative solutions to protect their remote and limited workforces...more

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