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...
27 Sep, 2024 Minnesota Federal Court Says Greenwashing Claims Concerning Consumer Products Can Proceed By Jacob H. Hupart On September 25, 2024, the federal district court in Minnesota denied Target Corp.'s motion to dismiss a consumer-fraud action against it...
19 Sep, 2024 Recent Greenwashing Litigation Focuses on Consumer Products By Jacob H. Hupart Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government...
19 Aug, 2024 Canada Increases Enforcement Focus on Greenwashing By Jacob H. Hupart As of June 2024, Canada added certain provisions to its Competition Act that explicitly target the practice of greenwashing. In...
16 May, 2024 Democratic Lawmakers Urge SEC Action on Greenwashing By Jacob H. Hupart On May 13, 2024, a group of 21 Democratic Congressmen--4 Senators and 16 Representatives, as well as the D.C. Delegate--submitted a...
03 May, 2024 Second Circuit Upholds Summary Judgment for Defendants Against Allegations That "All Natural" Label Was Misleading By Jacob H. Hupart Yesterday, the Second Circuit upheld the district court's award of summary judgment in favor of the defendant concerning certain class...
02 May, 2024 EU Regulators Announce Greenwashing Investigation of 20 Airlines By Jacob H. Hupart The European Commission and EU consumer authorities have sent letters to 20 airlines “identifying several types of potentially misleading...
30 Apr, 2024 UK Financial Regulator Confirms Plan to Combat Greenwashing By Jacob H. Hupart Last week, the United Kingdom's Financial Conduct Authority issued guidance on its proposed anti-greenwashing rule, which will come into...
29 Sep, 2023 Significant ESG Enforcement Action by the SEC Against Major Investment Advisor By Jacob H. Hupart On September 25, 2023, the SEC announced a settled administrative proceeding against a major investment advisor in which it agreed to pay...
27 Sep, 2023 SEC Approves "Names" Rule to Combat Greenwashing By Jacob H. Hupart On September 20, 2023, the SEC approved amendments to the "Names Rule," which were initially proposed in May 2022. Although the stated...
16 Aug, 2023 SEC Possibly Conducting Industry Sweep of ESG Investment Funds By Jacob H. Hupart It has been publicly reported that the SEC's Enforcement Division has been "sen[ding] document requests, including subpoenas" to asset...
29 Sep, 2022 Public Criticism of Ratings Used for ESG Investing By Jacob H. Hupart Today's edition of the New York Times featured an opinion piece that critiqued ESG investing--and not from the perspective that "values"...
22 Sep, 2022 Republican SEC Commissioner Peirce Questions Proposed SEC Rule Concerning ESG "Greenwashing" By Jacob H. Hupart In remarks delivered today to the SEC Investor Advisory Committee, SEC Commissioner Pierce--one of the Republican appointees to the...
06 Jul, 2022 European Union Labels Natural Gas and Nuclear Energy "Green" By Jacob H. Hupart The European Parliament has now "endorsed labeling some gas and nuclear energy projects as 'green.'" This designation will now enable...
02 Jun, 2022 As Part of Global Crackdown on Greenwashing, German Prosecutors Raid Asset Manager By Jacob H. Hupart The international news media have publicly reported that German law enforcement has raided an asset manager concerning a "whistleblower's...