11/26/2024 7:04:05 PM Best Practices for AI IP Strategies By Stephen Chrisos With intangible assets representing over 90% of an AI company’s value, an effective intellectual property strategy is essential to...
1/24/2025 6:50:23 PM Trump EO on Recission of Birthright Citizenship Temporarily Blocked by Fed Court By John Quill As reported by AP and many other news outlets, on January 23, a Federal District Court in Washington state issued a temporary restraining...
1/11/2025 2:37:32 PM Federal Court Rules ESG-Guided Investing of 401(k) Plan Is a Breach of Fiduciary Duty By Jacob H. Hupart Following a bench trial, Judge O'Connor (N.D. Tex.) held that “that Defendants breached their fiduciary duty by failing to loyally act...
12/20/2024 2:52:04 PM Montana Supreme Court Upholds Climate Ruling Enshrining Right to a "Stable Climate" By Jacob H. Hupart On December 18, 2024, the Montana Supreme Court issued a ruling upholding a lower state court's decision that, under Montana's...
12/19/2024 4:52:37 PM EU Seeks to Improve ESG Ratings By Jacob H. Hupart On November 19, 2024, the EU Council adopted a new regulation on ESG ratings, which “aim[s] at making rating activities in the EU more...
12/18/2024 2:32:55 PM California Regulator Solicits Public Input Into Development of Mandatory Climate Disclosure Regulation By Jacob H. Hupart On December 16, 2024, the California Air Resources Board--the regulatory agency responsible for implementing California's mandatory...
12/13/2024 7:23:41 PM California States It Will Exercise "Enforcement Discretion" for First Year of Climate Disclosures If Companies Act in Good Faith By Jacob H. Hupart On December 5, 2024, the California Air Resources Board--the agency responsible for implementing California's climate disclosure...
12/12/2024 3:07:02 PM Fifth Circuit Strikes Down Nasdaq “Show or Tell” Diversity Rules By Jennifer B. Rubin On December 11, 2024, the Fifth Circuit, in a divided opinion following an en banc hearing, struck down the Nasdaq “show or tell”...
12/10/2024 6:54:49 PM Shareholder Hits Target's Bullseye By Jennifer B. Rubin Last year I wrote about a shareholder lawsuit against Target premised on its alleged failure to disclose the risks around the marketing...
12/4/2024 4:11:20 PM Eleven States Sue Asset Managers for Alleged ESG Antitrust Violations By Jacob H. Hupart The day before Thanksgiving, eleven Republican state attorneys-general (representing Texas, Alabama, Arkansas, Indiana, Iowa, Kansas,...
12/3/2024 2:49:04 PM EU Rules Will Impose Mandatory Climate Disclosures on U.S. Companies By Jacob H. Hupart According to a recent report, the climate disclosure rules recently promulgated by the European Union will compel more than 3,000 U.S....
12/2/2024 10:52:47 PM Maine Sues Major Fossil Fuel Companies By Jacob H. Hupart Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to...
11/26/2024 4:20:11 PM Dutch Appeals Court Rules That Shell Does Not Need to Reduce Its CO2 Emissions by Specific Amount By Jacob H. Hupart Three years ago, a court in the Netherlands had ruled that Shell--a multinational fossil fuel company based in the Netherlands--had the...
11/26/2024 4:17:09 PM SEC Issues Risk Alert About Greenwashing and ESG Disclosures By Jacob H. Hupart On November 4, the SEC's Division of Examinations issued a risk alert that identified systematic problems with funds' ESG disclosures. ...
11/25/2024 2:58:45 PM SEC Imposes $17.5 Million Fine Against Investment Adviser for Greenwashing By Jacob H. Hupart On November 8, the SEC and an investment advisor entered into a settlement to resolve an administrative proceeding featuring allegations...
11/25/2024 1:45:11 PM California Climate Disclosure Rules Survive Significant Early Challenge By Jacob H. Hupart On November 5, a federal district court judge in California denied plaintiffs' motion for summary judgment in a facial challenge to...
11/6/2024 4:02:07 PM Let's Circle Back (and eFile) after the Holidays By Sherwet Witherington Charles A. Samuels The Consumer Product Safety Commission launched its eFiling Beta Pilot a little over a year ago. Non-pilot participants were invited to...