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ESG and Cryptocurrency: Considerations for Market Participants

For market participants pivoting toward ESG and digital assets, weighing the issues at the crossroads of these two megatrends is critical. The huge rise in popularity of Bitcoin - and the growing interest by mainstream...more

Sustainability-Linked Finance Takes Off in 2020

A series of recent developments has driven a rapid increase in sustainability-linked loan and bond issuances in a variety of jurisdictions and industries. Background: Sustainability-Linked vs. Activity-Based - The...more

FCA Considers Establishing ESG Guiding Principles

FCA director highlights areas of concern in relation to ESG reporting and provides recommendations. Richard Monks, Director of Strategy at the UK Financial Conduct Authority (FCA), recently delivered a speech on the...more

US Department of Labor Puts ESG Investing on Ice

In its finalized rule amending ERISA, the DOL makes financial factors paramount in a fiduciary’s responsibility to investors. On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting...more

The ABCs of ESG: How Are Companies Going Beyond the Basics? [Video]

Environmental, social, and governance (ESG) issues continue to rise in importance for global companies, a trend driven by investors, employees, customers, and other stakeholders. How are companies approaching ESG risks and...more

CFTC Report: Climate Change Threatens Stability of US Financial System

A watershed CFTC report highlights the dangers of climate change to the US economy, and provides a broad risk-mitigation roadmap. On September 9, 2020, the US Commodity Futures Trading Commission’s (CFTC’s) Climate-Related...more

ESG in European Private Equity: The Effects of COVID-19

Increasing interest in ESG issues presents an opportunity for sponsors to re-evaluate their existing ESG strategies. The COVID-19 pandemic continues to present unprecedented challenges for private equity firms and their...more

UK Delays Decision on Adopting EU Sustainable Finance Taxonomy

The delay may complicate the regulatory landscape for sustainable finance as the EU moves toward a standardized classification system.  The UK government (government) has delayed a decision on whether it will adopt the...more

Green Bond Second Party Opinions: Legal and Practice Considerations

Annual issuance of “green bonds,” financing instruments connected to business activities with positive environmental effects, have gone from non-existent in 2007 to greater than $250 billion (equivalent) in 2019, using the...more

Sustainable Finance and Climate Change Risk in Financial Services - March 2020

Financial services regulators have been particularly vocal in the last 12 months, specifically about the impact on the financial services sector as the world experiences, and attempts to respond to, climate change. Mark...more

FCA Proposes New Rules on Climate-Related Disclosures by Listed Issuers

The FCA is moving towards formalising issuers’ compliance with the TCFD recommendations. Key Points: ..The FCA is proposing that premium listed commercial companies will need to disclose how they have implemented the...more

Directors, Take Note: ESG Can Drive Value in 2020

The message that environmental, social, and governance issues can drive stockholder value resonates ever more clearly today. In 2017, Latham lawyers discussed how directors can use environmental, social, and governance...more

50 Shades of Green Finance: An Untapped Opportunity for Private Equity

Sustainable finance and its surrounding infrastructure offers growing potential for deals and green innovation. The global sustainable finance market has expanded rapidly in recent years, approaching US$320 billion in new...more

ESG Matters Incorporated Into UK Stewardship Code

The revised Code is likely to encourage a more robust and substantive review of ESG issues by institutional investors. Background - The UK Stewardship Code (the Code) was originally published in 2010 following a review...more

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