7/31/2025 1:44:05 PM Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act By Stephen Chrisos In a key decision with major implications for importers, the Ninth Circuit affirmed that the False Claims Act can apply to customs fraud...
11/4/2025 2:34:52 PM California's Mandatory Climate Disclosure Regulations Challenged by New Lawsuit By Jacob H. Hupart On October 24, 2025, a significant new lawsuit challenging California's mandatory climate disclosure regulations was filed in federal...
11/4/2025 2:33:13 PM Ninth Circuit Will Not Enjoin California Climate Disclosure Regulations Before They Enter Into Force By Jacob H. Hupart On October 29, 2025, the Ninth Circuit scheduled oral argument on the Chamber of Commerce's appeal of the district court decision denying...
10/10/2025 9:26:43 PM SEC To Discourage ESG Shareholder Proposals By Jacob H. Hupart On October 9, 2025, SEC Chairman Atkins delivered a speech in which he inveighed against “shareholder proposals focused on environmental...
10/9/2025 5:59:19 PM Competitor Accuses Rival of "Greenwashing" When Advertising Its Products By Jacob H. Hupart Last month, an earplug maker sued a rival in federal district court in California, alleging that the competitor had engaged “[i]n a...
10/6/2025 2:36:36 PM Court Awards Zero Damages for Breach of Fiduciary Duty Stemming from Pension Plan's ESG-Focused Investing By Jacob H. Hupart Following a bench trial, Judge O'Connor (N.D. Tex.) held that there had been a breach of the fiduciary duty of loyalty based upon a...
9/13/2025 11:13:37 AM Eighth Circuit Orders SEC to Either Defend Climate Disclosure Regulation or Write New Rules By Jacob H. Hupart Today, the Eighth Circuit Court of Appeals ordered that the legal challenge to the Biden Administration's climate disclosure regulation...
9/12/2025 6:32:23 PM CFTC Withdraws Guidance on Carbon Credits By Jacob H. Hupart On September 10, 2025, the Commodities Futures Trading Commission withdrew guidance--promulgated by the Biden Administration in September...
9/12/2025 6:25:45 PM Trump Administration Continues Dismantling Government Organizations Focused on Climate Change By Jacob H. Hupart On September 10, 2025, the Financial Stability Oversight Council--a cross-agency council chaired by the Secretary of the Treasury, and...
9/11/2025 5:40:28 PM California Issues Further Guidance For Climate Disclosures By Jacob H. Hupart Last week, on September 2, 2025, the California Air Resources Board announced that it had “released draft guidance to assist reporting...
8/16/2025 4:33:02 PM The Trump Administration Dismantles California's "Clean Truck Partnership" Through the Use of Antitrust Law By Jacob H. Hupart On August 12, 2025, the Federal Trade Commission announced that it had “closed its investigation into whether several truck and engine...
8/16/2025 4:31:25 PM Denmark's Largest Bank Maintains Climate Commitment and Divests from Over 1700 Fossil Fuel Companies By Jacob H. Hupart Earlier this week, Danske Bank--Denmark's largest bank--announced that it would no longer invest in over 1700 fossil fuel companies due...
8/14/2025 1:49:02 PM Federal District Court Rejects Challenge to California's Climate Disclosure Law By Jacob H. Hupart On August 13, 2025, the challenge to the State of California's mandatory climate disclosure regulations was resoundingly rejected by...
8/12/2025 7:59:19 PM Real Versus Robot: Biometric Vetting in Hiring By Jennifer B. Rubin Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some...
8/11/2025 9:10:18 PM Trump Executive Order Attacks "De-banking" Practices By Jacob H. Hupart On August 7, 2025, President Trump issued an executive order targeting the practice of de-banking--as described in the executive order,...
8/11/2025 6:50:19 PM Florida Attorney-General Bans Outside Counsel with DEI & ESG Policies By Jacob H. Hupart The State of Florida's Attorney-General has increased the scope of his offensive against DEI and ESG initiatives. Not only has the...
8/7/2025 8:58:43 PM Climate Tort Lawsuit in South Carolina Dismissed by State Court By Jacob H. Hupart On August 6, 2025, a state court judge in South Carolina dismissed the climate change tort lawsuit filed by the City of Charleston...