Thousands of companies that do business in California will soon face new climate reporting mandates following Governor Gavin Newsom’s approval of SB 253 (the “Climate Corporate Data Accountability Act”) and SB 261 (the...more
31 states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing...more
Climate change is expected to have a significant impact on existing real estate. According to a government assessment, by 2050 up to $106 billion of United States real estate will be below sea level....more
5/21/2020
/ AAI ,
Building Codes ,
Climate Change ,
Due Diligence ,
Environmental Protection Agency (EPA) ,
FEMA ,
Flooding ,
Greenhouse Gas Emissions ,
Real Estate Development ,
Real Estate Investments ,
Rising Sea Levels
Effective March 21, 2020, at 5 pm, Illinois joined six other States in implementing a Stay at Home Order to address the COVID-19 outbreak. The Order states that all businesses that are not Essential Businesses and Operations...more
Effective March 17, 2020, San Francisco and six other Bay Area counties passed “Shelter in Place” ordinances preventing workers not engaged in providing Essential Activities, working at Essential Businesses or providing...more
In light of the Bay Area implementing Shelter in Place ordinances, such laws are now being considered throughout the country. This alert provides actionable steps a company can take to ensure that a Shelter in Place law in...more
The Modern Slavery Act (“MSA”) was introduced in the United Kingdom in October 2015 introducing criminal offences of slavery, servitude, forced or compulsory labour and human trafficking. However, its most profound impact has...more
1/30/2020
/ Agricultural Sector ,
Annual Reports ,
Benchmarking ,
Corporate Governance ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Forced Labor ,
Human Trafficking ,
Jurisdiction ,
Low-Wage Workers ,
Manufacturers ,
Modern Slavery Act ,
Publicly-Traded Companies ,
Risk Management ,
Slavery ,
Supply Chain ,
Transparency ,
UK
Businesses increasingly demand that their suppliers help them meet their own sustainability goals (e.g. reductions in greenhouse emissions) by including contract terms which require suppliers to:
..Meet sustainability...more
During Steve Poplawski’s June presentation at the Chemical Industry Council of Illinois’ Hot Topics conference on the opportunities and challenges presented by current efforts to make the life cycle of plastics more...more
Financial institutions continue to develop products to encourage Corporate Social Responsibility (CSR) goals. The Loan Market Association has recently published Sustainability Linked Loan Principles to guide the use of loan...more
PFAS are currently the subject of significant regulatory action, research, litigation, and public debate based on recent reports which claim that two PFAS, Perfluorooctanoic Acid (“PFOA”) and Perfluorooctane Sulfonate...more
PFAS are currently the subject of significant regulatory action, research, litigation, and public debate based on recent reports which claim that two PFAS, Perfluorooctanoic Acid (“PFOA”) and Perfluorooctane Sulfonate...more
SEC Penalizes Company for Non-Compliance with Equal or Greater Prominence Requirement in Earnings Releases -
In late December, the SEC settled its first “equal or greater prominence” enforcement action under its non-GAAP...more
3/11/2019
/ #MeToo ,
Board of Directors ,
CD&A ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
EBITDA ,
Equal Employment Opportunity Commission (EEOC) ,
Equity Compensation ,
GAAP ,
Gender Equity ,
Hedging ,
Institutional Shareholder Services (ISS) ,
PCAOB ,
Proxy Season ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
The gravity of the problem of climate change is rapidly coming into focus. On November 23, 2018 thirteen federal agencies under the leadership of the National Oceanic and Atmospheric Administration, including among others the...more
1/9/2019
/ Acquisitions ,
Climate Change ,
Corporate Counsel ,
Corporate Social Responsibility ,
Department of Energy (DOE) ,
Due Diligence ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Financial Reporting ,
Global Warming ,
Information Reports ,
Mergers ,
NOAA ,
Popular ,
Risk Assessment ,
Risk Management ,
Supply Chain ,
Target Company
On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more
1/8/2019
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
National Environmental Policies ,
Navigable Waters ,
Obama Administration ,
Permits ,
Proposed Rules ,
Rapanos v US ,
Regulatory History ,
Rulemaking Process ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States
On November 23, 2018, the United States government released Volume II of its Fourth National Climate Assessment. The report assesses the effects of the expected rise in sea levels resulting from global climate change,...more
12/19/2018
/ Building Codes ,
Climate Change ,
Coastal Real Estate ,
Due Diligence ,
Environmental Protection Agency (EPA) ,
FEMA ,
Flooding ,
Greenhouse Gas Emissions ,
Information Reports ,
National Flood Insurance Program ,
Real Estate Development ,
Real Estate Investments ,
Rising Sea Levels
Radioactive material is commonly used in the oil & gas and petrochemical industries and by cancer treatment providers. The use, storage, and transfer of radioactive material are often managed by companies’ health, safety, and...more
The Financial CHOICE Act introduced in the House this spring has largely garnered attention because of its rollback of Dodd-Frank, but the bill would also significantly change the rules governing shareholder resolutions for...more
On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more