Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of...more
12/8/2023
/ Artificial Intelligence ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Investment Adviser ,
Machine Learning ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Technology Sector
A three-judge panel for the US Court of Appeals for the Second Circuit reversed a district court’s class certification in the decade-long Arkansas Teacher Retirement System v. Goldman Sachs Group litigation regarding...more
8/18/2023
/ Appeals ,
Arkansas Teacher Retirement System v Goldman Sachs Group ,
Class Action ,
Class Certification ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
Ethics ,
Investors ,
Policies and Procedures ,
SCOTUS ,
Securities ,
Securities and Exchange Commission (SEC)
Things to Consider -
Rulemaking -
Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review...more
More than a year after creating its Climate and ESG Task Force in March 2021, the Securities and Exchange Commission’s ESG-related enforcement goals are finally being realized. The SEC recently brought a fraud action against...more
The Securities and Exchange Commission’s Proposed Rules on Climate-Related Disclosure, released March 21, 2022, represent a significant change in public company disclosure requirements and, if adopted, will have far-reaching...more
4/29/2022
/ Climate Change ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Financial Planning ,
Greenhouse Gas Emissions ,
Greenwashing ,
Martin Act ,
Proposed Rules ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC)
Back in June, we analyzed the Supreme Court’s decision in Goldman Sachs Group v. Arkansas Teacher Retirement System, which examined the extent to which a corporation’s arguably generic public statements could form the basis...more
These days, it is commonplace for companies to commit to general concepts like “sustainability” or a “diverse workforce” in public statements and SEC disclosures. But when stock prices drop as a result of specific...more
Since announcing the creation of its Climate and ESG Task Force on March 4, 2021, the Securities and Exchange Commission has continued to emphasize that environmental, social and governance (ESG) issues will take center stage...more
On Wednesday, March 10, 2021, the Department of Labor announced that, pending further guidance, it will not enforce two recent regulations that many viewed as deterring retirement fund managers from socially conscious...more
A series of recent announcements by the SEC underscores the agency’s commitment—and allocation of resources—to its heightened focus on environmental, social and governance (“ESG”) issues. Significantly, on March 4, 2021, the...more
There can be no doubt 2021 is already shaping up to be a watershed year, including on the SEC enforcement and securities litigation fronts. Pressure from all directions has been coalescing to drive change in the way...more
2/12/2021
/ Biden Administration ,
Carbon Emissions ,
Climate Change ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Net Zero ,
Paris Agreement ,
Securities and Exchange Commission (SEC) ,
Securities Litigation