13 Dec, 2024 Fifth Circuit Strikes Down Board Diversity Rules in En Banc Decision By Ny'esha Young Johnjerica Hodge India Williams In a 9-8 en banc decision, the U.S. Court of Appeals for the Fifth Circuit blocked the Nasdaq board diversity rules, ruling that the U.S....
09 Oct, 2024 Recent hurricanes lend new urgency to carbon emissions reduction. By Chris Cole The "news" about ESG has recently been overwhelmingly that it is dead – killed by some regulators and fatigued consumers. Although,...
17 Jun, 2024 CFTC Chairman Behnam Discusses the Regulatory Outlook Towards Voluntary Carbon Markets By Johnjerica Hodge India Williams Nicholas Gervasi Commodity Futures Trading Commission (CFTC) Chairman Rostin Behnam recently spoke about voluntary carbon markets (VCMs) in a speech...
04 Mar, 2024 New York Attorney General Sues JBS for Alleged Greenwashing By Chris Cole On February 28, the New York Attorney General (NYAG) sued JBS USA Food Company and JBC USA Food Company Holdings (collectively, JBS),...
18 Dec, 2023 Key Takeaways From COP28 By Catherine O'Brien Chris Cole COP28 came to an end this month in Dubai in the final weeks of the hottest year in recorded history. Since 1992, this “Conference of the...
07 Dec, 2023 A Breath of Fresh Air: CFTC Proposes Voluntary Carbon Credit Market Guidance By Carl Kennedy After two years of examining carbon markets, the Commodity Futures Trading Commission (CFTC) proposed measures focused on improving...
07 Dec, 2023 'ESG, China & Investability' Discussed on Latest (mis)Conduct, Money & Reputation Podcast By Katten Muchin Rosenman LLP An increasingly diverse regulatory landscape presents substantial reputational challenges for investment managers. Amid the shifting ESG...
29 Nov, 2023 The FCA Publishes Guidance Consultation on Anti-Greenwashing By Neil Robson Sara Portillo On 28 November 2023, the Financial Conduct Authority (FCA) published its Policy Statement on Sustainability Disclosure Requirements (SDR)...
28 Nov, 2023 EU to Ban Carbon Offset Claims Entirely? By Chris Cole Responding to pressure from activists who have argued that “[c]arbon neutral claims are greenwashing, plain and simple,” the European...
04 Oct, 2023 The Carbon Claims Pincer Movement By Chris Cole In response to litigation about carbon neutrality claims, many corporations and asset managers have been inclined to go silent, that is,...
26 Jul, 2023 Recent DC Circuit Court of Appeals Case Brings FINRA to the Forefront of the SRO State Actor Controversy By Susan Light Peter Wilson Richard Marshall Carl Kennedy Dan Davis James Brady +3 more... Show less A recent DC Circuit Court of Appeals challenge to a FINRA enforcement action brings into question whether FINRA should be held...
19 Jul, 2023 District Court Denies Nestle's Motion to Dismiss False Advertising Class Action Based on Alleged Child Labor in Cocoa Supply Chain By Chris Cole Late last week, the United States District Court for the Southern District of California denied a motion to dismiss a putative class...
13 Jul, 2023 "Aspirational" claims: an alternative to greenhushing? By Chris Cole Major media and consultants are noting the increasing trend towards corporate “greenhushing,” that is, adopting a “radio-silence approach...
24 Mar, 2023 Increasing International Focus on Greenwashing to Investors By Johnjerica Hodge India Williams Greenwashing is an evolving issue involving exaggerated or misleading claims about the sustainability or environmental benefits of a...
22 Mar, 2023 Certifications Matter By Chris Cole Third-party environmental certifications are under misguided civil litigation attacks that will be counterproductive to environmental and...
03 Mar, 2023 The ESG Backlash is Growing By Chris Cole These days, articles about ESG are often tempered with mentions of a growing anti-ESG movement. Indeed, ESG has become a political wedge...