30 Jun, 2021 Fourteen months later and still waiting for any court to apply SCOTUS's Maui Functional Equivalence Test By Jeff Porter In April of 2020, Justice Breyer, delivering the Supreme Court's opinion in Maui v. Hawaii Wildlife Fund, told us that "the traditional...
30 Jun, 2021 Commissioner Lee Emphasizes the Role and Responsibilities of the Corporate Board Concerning ESG and Climate Change By Jacob H. Hupart In recent remarks delivered by Commissioner Lee at the Society for Corporate Governance, she took the opportunity to again focus on the...
29 Jun, 2021 Yes, let's "legislatively define" WOTUS! By Jeff Porter Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the...
29 Jun, 2021 SEC Commissioner Roisman Continues Critique of New Climate Change Disclosure Requirements By Jacob H. Hupart SEC Commissioner Roisman, one of the two Republicans currently serving as SEC commissioners, has questioned over the past few months the...
29 Jun, 2021 SEC Chairman Gensler Re-Affirms Focus on Climate Change Disclosures By Jacob H. Hupart During his remarks at London City Week, SEC Chairman Gensler again highlighted the SEC's new focus on climate change disclosures. ...
28 Jun, 2021 Judicial deference is alive and well in the Commonwealth of Massachusetts By Jeff Porter For most of my legal career people have been predicting an end to the doctrine of judicial deference that has, since the early 1980s,...
25 Jun, 2021 Big News, But Maybe Not so Big? By Joseph M. Miller Antitrust reform advocate Lina Khan was designated as Chair of the FTC last week, a few minutes after her confirmation vote. She was...
24 Jun, 2021 Hope is not a strategy when it comes to fixing the Clean Water Act By Jeff Porter Bloomberg News reports this morning that the Justice Department has now done in California what it did in Massachusetts a few weeks ago,...
24 Jun, 2021 Leaked Billionaire Tax Records Highlight the Need for Asset-Recovery Claimants to Navigate Privacy Havens in the U.S. West. By Daniel T. Pascucci As fallout continues to stem from the recent ProPublica leak of private billionaire tax records, the extent of hidden wealth in U.S....
23 Jun, 2021 Another Post-Maui Case of the Sort the Supreme Court Encouraged By Jeff Porter Bloomberg reports this morning that a Washington-based NGO is suing a window manufacturer for its alleged failure to comply with the...
21 Jun, 2021 Political Momentum Grows in Support of Mandatory Financial ESG Disclosures By Jacob H. Hupart The House of Representatives recently passed a bill--albeit by the narrowest of majorities--that would mandate that companies provide...
16 Jun, 2021 At the Intersection of Race and Business | Can Actions Speak Louder than Names? By Stephen M. Osborn What’s in a name? I grew up in the Bay Area. I was raised by parents who were open-minded, entrepreneurial and colorful raconteurs. At...
15 Jun, 2021 G7 Communique Emphasizes Climate-Related Financial Disclosures By Jacob H. Hupart Following the meeting of G7 leaders in Cornwall, a joint communique was issued on June 13, 2021 concerning many issues of common...
11 Jun, 2021 The Darkest Hour is Just Before Dawn -- Day 2 of the Biden Administration's Attempt to Define Waters of the United States By Jeff Porter Lara Beaven of Inside EPA reports this morning on reactions to EPA's announcement that it will make an eighth attempt to determine the...
10 Jun, 2021 When it comes to the Waters of the United States, EPA thinks the eighth time will be the charm By Jeff Porter This morning Juan Carlos Rodriguez reports in Law 360 what EPA Administrator Regan had already suggested -- that the Biden Administration...
09 Jun, 2021 Breach of Duty of Oversight Claims Gain Some Momentum By Breton Leone-Quick Over this past year, I have had numerous calls and virtual meetings with Boards and individual directors concerning the recent cases...