20 Dec, 2024 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...
19 Dec, 2024 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...
18 Dec, 2024 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...
16 Dec, 2024 EPA is out with a new rule about the delegation of "dredge and fill" permitting authority. Will any states care? By Jeff Porter The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps...
13 Dec, 2024 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 Dec, 2024 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”...
10 Dec, 2024 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...
04 Dec, 2024 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,...
03 Dec, 2024 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....
02 Dec, 2024 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...
26 Nov, 2024 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...
26 Nov, 2024 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...
26 Nov, 2024 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. ...
25 Nov, 2024 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...
25 Nov, 2024 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...
06 Nov, 2024 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...