News & Analysis as of

Disclosure Requirements Securities and Exchange Commission (SEC) Biden Administration

Mintz

SEC Commissioner Uyeda Suggests the SEC Will Not Rescind the Climate Disclosure Rule

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SEC Commissioner Uyeda, one of the Republican appointees to the Securities & Exchange Commission, recently stated (in remarks at the 2025 “SEC Speaks” Conference) that the SEC should not rescind the climate disclosure rule...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — May 2025

Federal Regulation On April 8, 2025, President Trump issued an executive order that sought to target actions undertaken by individual US states to combat climate change, for the stated purpose of ensuring “American energy...more

Mintz

Eighth Circuit Holds SEC Climate Rule Litigation in Abeyance

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On April 24, 2025, the Eighth Circuit ordered that the litigation over the validity of the SEC's climate disclosure rule be “held in abeyance.” This order was in response to a submission by a coalition of blue states that...more

Baker Donelson

Red Tape or Green Future? Unpacking California's Climate Disclosure Laws and the Pushback

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As the federal government works to roll back climate regulations and climate-focused initiatives, states are developing avenues to fill in the gaps left behind. In 2024, the Securities and Exchange Commission (SEC) adopted...more

King & Spalding

Rebranding of SEC Cyber Unit Reflects Shift in Enforcement Priorities

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On Thursday, February 20, the U.S. Securities and Exchange Commission (“SEC”) announced that it created a Cyber and Emerging Technologies Unit (“CETU”) to combat cyber-focused financial misconduct. The announcement reflects a...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — April 2025

On March 27, 2025, as expected, the SEC under the Trump administration abandoned the climate disclosure rule promulgated by the Biden administration, specifically stating in a court filing that it would no longer defend the...more

ArentFox Schiff

Breaking News: SEC Withdraws Its Defense of Climate Disclosure Regulations

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On March 27, the US Securities and Exchange Commission (SEC) announced that it will no longer defend Biden-era regulations requiring large corporations to disclose the impacts of climate change on their businesses. This...more

Akin Gump Strauss Hauer & Feld LLP

Making Waves No Longer: SEC Abandons Climate Disclosure Rule

In a widely anticipated move, the U.S. Securities and Exchange Commission (SEC) has announced that it will no longer defend the agency’s climate disclosure rule issued during the Biden administration. The disclosure rule...more

Mintz

SEC Abandons Climate Disclosure Rule

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As expected, the SEC under the Trump Administration has abandoned the climate disclosure rule promulgated by the Biden Administration. Specifically, as stated in a court filing today, “the Commission has determined that it...more

DLA Piper

SEC Climate Disclosure Rules: Four Potential Paths Under President Trump

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The US Securities and Exchange Commission (SEC) adopted landmark final rules (Climate Disclosure Rules, or Rules) in March 2024 intended to enhance and standardize climate-related disclosures for publicly listed companies....more

Latham & Watkins LLP

AI and ESG How Companies Are Thinking About AI Board Governance

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Questions around the governance of artificial intelligence (AI) have come to the fore via recent, prominent US shareholder proposals and first-of-their kind enforcement actions, which we describe in depth here. It is in this...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

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Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 2, March 2024

HHS Cybersecurity Performance Goals and the Healthcare Industry - The healthcare industry is a major target for cyberattacks because of all of the personal information collected from patients. Recognizing that the healthcare...more

Mintz

Gov. Newsom Signs California Climate Disclosure Bills, Although Expressing a Degree of Skepticism Concerning Timing and Cost

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On October 7, 2023, Governor Gavin Newsom of California signed into law two climate disclosure bills passed by the California Legislature. These laws now require that "by January 1, 2025 . . . businesses with total annual...more

Mintz

SEC Re-Affirms Commitment to Climate Risk Disclosure Rule

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On September 12, 2023, SEC Chairman Gensler testified before the Senate concerning a number of significant issues for the SEC. Among them was the SEC's still-pending rule on climate risk disclosures, which was first proposed...more

Wiley Rein LLP

Biden Administration Looks at Harmonizing Cyber Regulations Amidst Flurry of New Activity

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Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more

Keating Muething & Klekamp PLL

SEC Sued Over Newly Adopted Share Repurchase Rules

On Friday, May 12, 2023, the U.S. Chamber of Commerce announced that it had filed a lawsuit against the SEC to prevent implementation of the SEC’s new Share Repurchase Disclosure Modernization rules, which KMK has recently...more

Mintz

Proposed SEC Climate Disclosure Rule Potentially Delayed Until Fall 2023

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About two weeks ago, former SEC Commissioner Robert Jackson, currently a professor at NYU Law, stated during an April 27 webinar hosted by a carbon accounting firm that "it looks like the [climate disclosure] rule is going to...more

Mintz

SEC Chairman Gensler Reinforces Commitment of SEC to Climate Disclosures

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Last week, SEC Chairman Gensler testified before the House Committee on Financial Services.  As part of his talk, which addressed a number of topics--including, inter alia, artificial intelligence and crypto--Chairman Gensler...more

Mintz

President Biden Issues First Veto to Protect ESG Investing

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Today, President Biden issued the first veto of his presidency. This action had been heavily telegraphed in advance and was widely expected. Nonetheless, this veto is extraordinarily significant....more

Perkins Coie

New Legislation Affects Antitrust Venue and Foreign Subsidy Disclosures 

Perkins Coie on

President Biden signed into law H.R. 2617, the Consolidated Appropriations Act, 2023 on December 29, 2022. This new legislation includes the Merger Filing Fee Modernization Act of 2022 (MFFMA), which amends the amounts and...more

DarrowEverett LLP

Not Your Keys, Not Your Coins: How to Stay Safe in 'Wild West' of Crypto

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Satoshi Nakamoto’s invention of Bitcoin in 2009 opened the door to rethinking the way value can be transferred and stored. However, crypto markets have long been considered by most analysts and attorneys as the “Wild West” of...more

Fenwick & West LLP

Responding to the Biden Administration’s Climate Agenda: What Public Companies and Federal Suppliers Need to Know

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Since the start of the Biden administration in January 2021, there has been an increased focus on combatting climate change, including regulatory actions and initiatives to increase disclosure by corporations regarding their...more

Mintz

Biden Administration Proposes That Federal Contractors Must Disclose GHG Emissions

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Last Thursday, the Biden Administration proposed that all federal contractors (except those receiving less than $7.5 million annually in contracts) be required to, among other things, disclose their GHG emissions....more

Mintz

Republican SEC Commissioners Telegraph Continued Opposition to Climate Disclosure Rules

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Last week, the two Republican Commissioners of the SEC availed themselves of the opportunity presented by the ability to comment on the Financial Accounting Foundation's Strategic Plan Draft for Public Comment to again voice...more

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