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Environmental Social & Governance (ESG) Unfair or Deceptive Trade Practices

Paul Hastings LLP

Public Company Watch: October 2024

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In the October edition of our Public Company Watch, we cover key issues impacting public companies, including a recent SEC enforcement sweep, key takeaways stemming from the SEC’s recent adoption of EDGAR Next, two recent...more

Holland & Knight LLP

A Look at Increased Oversight of Financial Institutions in Florida

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For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - April 2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Cozen O'Connor

The State AG Report – 12.7.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AGs in Solar-darity in Fight Against Allegedly Deceptive...more

Davies Ward Phillips & Vineberg LLP

A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced

The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More...more

Cadwalader, Wickersham & Taft LLP

EU Institutions to Vote on Greenwashing Ban

On September 19, 2023, the European Parliament and European Council agreed on a proposed set of rules to ban misleading advertisements and enhance product information provided to consumers. “Empowering Consumers for the Green...more

Ius Laboris

ESG update: Australia

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In Australia, heightened enforcement activity, proposed regulatory regimes focused on ESG matters and other market developments are influencing the ESG risks and priorities for organisations operating here....more

Holland & Knight LLP

Podcast - Cracking Down on Carbon Markets: CFTC and FTC Exercise Heightened Scrutiny

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This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

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The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Holland & Knight LLP

New Florida Law Prohibits Use of ESG Factors in Government Investment and Procurement Decisions

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Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of...more

Cozen O'Connor

The State AG Report – 5.11.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Department of Energy’s Proposed Regulations for Household...more

Cadwalader, Wickersham & Taft LLP

European Commission Aims to Tackle Greenwashing in Latest Proposal

On March 22, 2023, the European Commission unveiled a proposal, the Green Claims Directive, (Proposal) aimed at combating greenwashing and misleading environmental claims. By virtue of the Proposal, the EC is attempting to...more

Hogan Lovells

Green Claims Directive Proposal - The EU's new approach to combat greenwashing

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Talk of a draft proposal regarding Green Claims (“the Proposal” or “Green Claims Directive Proposal”) has emerged earlier this year. As a part of the EU’s new Circular Economy Action Plan and New Consumer Agenda, the proposal...more

Greenberg Glusker LLP

What is Greenwashing?

Greenberg Glusker LLP on

In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance....more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — October 2022

Regulatory Developments Among State AGs. Over the past few weeks, various state attorneys general have either issued guidance or initiated enforcement actions in connection with ESG ratings. Specifically, among other things,...more

Cozen O'Connor

The State AG Report – 10.6.2022

Cozen O'Connor on

Here are this week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Arizona AG Fines Google $85 Million Over...more

Troutman Pepper

Texas AG Joins Wave of Investigations Into Credit Ratings Companies’ ESG Data Usage in Financial Decision-Making

Troutman Pepper on

Texas Attorney General (AG) Ken Paxton co-signed two letters to Morningstar, Inc. and its subsidiary Sustainalytics, joining multistate investigations into the credit ratings giant, as part of a growing trend among attorneys...more

Cozen O'Connor

Texas AG Paxton Joins Multistate Investigation of S&P Global’s ESG Ratings

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Texas AG Ken Paxton issued a Civil Investigative Demand under the Texas Deceptive Trade Practices-Consumer Protection Act to S&P Global, Inc., a credit rating agency, seeking documents and information regarding S&P’s use of...more

Mintz

19 State Attorneys-General Participate in Investigation of ESG Ratings

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Nineteen state attorneys-general have announced their participation in an investigation spearheaded by Missouri Attorney-General Eric Schmitt into the ESG ratings produced by Morningstar Inc. and its subsidiary,...more

Stinson LLP

SEC Proposes New ESG Disclosures and Naming Rules for Investment Advisers and Funds

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On May 25, 2022, the Securities and Exchange Commission (SEC) approved proposals to the “Names Rule” (Rule 35d-1) under the Investment Company Act of 1940 (1940 Act), hereinafter referred to as Proposal One, and to the rules...more

Husch Blackwell LLP

Increased Scrutiny on Greenwashing

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Greenwashing is under increased scrutiny at the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC). Greenwashing is clearly damaging to consumers and investors as it imbues purchasing decisions...more

Kelley Drye & Warren LLP

New ESG Lawsuit Targets Aspirational Statements

Earlier this month, the nonprofit Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company falsely and deceptively represents itself as “a sustainable and environmentally friendly company, despite...more

Robinson+Cole Manufacturing Law Blog

Coca-Cola Sued For Deceptive Sustainability Claims

Last week, Coca-Cola was sued by Earth Island Institute for deceptive marketing regarding its sustainability efforts “despite being one of the largest contributors to plastic pollution in the world.”...more

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