16 May, 2024 Fifth Circuit Upholds (For Now) SEC Rules Concerning ESG Proxy Votes By Jacob H. Hupart On May 10, 2024, the Fifth Circuit rejected an attempt by the States of Texas, Louisiana, West Virginia, and Utah to invalidate an SEC...
04 Apr, 2024 SEC Voluntarily Stays Climate Disclosure Rule Pending Litigation By Jacob H. Hupart Today, the SEC issued an order to stay the recently promulgated climate disclosure rule until the courts have the opportunity to...
03 Apr, 2024 The SEC Speaks--And Fails to Defend Mandatory Climate Disclosures By Jacob H. Hupart During the opening remarks of the two-day SEC Speaks Conference, Chairman Gensler failed to express any statement of support in...
16 Mar, 2024 That Didn't Take Long . . . Fifth Circuit Temporarily Blocks New SEC Climate Disclosure Rule By Jacob H. Hupart Today, the Fifth Circuit Court of Appeals issued an administrative stay of the SEC's recent climate disclosure rule, which was issued...
07 Mar, 2024 Ten States Sue to Block SEC Climate Disclosure Rule Before the Ink is Dry By Jacob H. Hupart On the same day that the SEC issued its long-awaited rule on climate disclosures, ten states (West Virginia, Georgia, Alabama, Alaska,...
06 Mar, 2024 SEC Issues Long-Awaited Climate Disclosure Rule By Jacob H. Hupart Today, after nearly two years of anticipation, the SEC finally enacted a climate disclosure rule on a 3-2 party-line vote by the SEC...
06 Mar, 2024 SEC Targets Crypto and DeFi Platforms with New Rules and an Enforcement Action By David Adams The US Securities and Exchange Commission ("SEC") recently published an enforcement action against the crypto platform ShapeShift AG and...
08 Dec, 2023 SEC Expected to Vote on Proposed Climate Disclosures by April 2024 By Jacob H. Hupart The Securities & Exchange Commission recently disclosed, in a filing with the Office of Management and Budget, that the vote by the SEC...
20 Oct, 2023 SEC Division of Examinations Omits Climate Concerns From List of Examination Priorities By Jacob H. Hupart Earlier this week, the SEC's Division of Examinations released its 2024 examination priorities. While many of these priorities are...
29 Sep, 2023 The US Securities & Exchange Commission Targets AI on Multiple Fronts (Part 1 of 3) By David Adams The U.S. Securities & Exchange Commission (“SEC”) is highly focused on regulating the use of artificial intelligence (“AI”) by financial...
27 Sep, 2023 Could the new SEC "Names Rule" kill ESG funds? By David Adams Could the new SEC "Names Rule" really kill ESG funds as this article suggests? It seems very doubtful, but whether you agree with the...
27 Sep, 2023 SEC Re-Affirms Commitment to Climate Risk Disclosure Rule By Jacob H. Hupart On September 12, 2023, SEC Chairman Gensler testified before the Senate concerning a number of significant issues for the SEC. Among...
13 Jul, 2023 To Be or Not to Be . . . a Security: Takeaways from the Ripple Labs Ruling By Stephen M. Osborn The most important part of today's ruling in the SEC v. Ripple Labs: Ripple's XRP token is not de facto a security. Let's not take that...
15 Jun, 2023 SEC Climate Change Disclosure Rule Expected in October 2023 By Jacob H. Hupart This week, the Securities & Exchange Commission indicated--through an update to a GSA website --that the proposed climate change...
10 May, 2023 Proposed SEC Climate Disclosure Rule Potentially Delayed Until Fall 2023 By Jacob H. Hupart About two weeks ago, former SEC Commissioner Robert Jackson, currently a professor at NYU Law, stated during an April 27 webinar hosted...
25 Apr, 2023 SEC Chairman Gensler Reinforces Commitment of SEC to Climate Disclosures By Jacob H. Hupart Last week, SEC Chairman Gensler testified before the House Committee on Financial Services. As part of his talk, which addressed a...