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ESG Guidepost | Issue 9

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

UK Financial Insights from Katten | Issue 6

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

Key Takeaways from COP28

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 Parties” acts as the annual formal meeting of the United Nations Framework Convention on...more

ANA Study Finds Over $20 Billion in "Efficiency Gains" Possible in Programmatic Advertising Spend.

In a diplomatically-worded report, yesterday the Association of National Advertisers (ANA) published its updated study: “Programmatic Media Supply Chain Transparency Study: Complete Report.” The report follows and updates...more

ESG Guidepost | Issue 8

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

EU to Ban Carbon Offset Claims Entirely?

Responding to pressure from activists who have argued that “[c]arbon neutral claims are greenwashing, plain and simple,” the European Parliament and Council have reached a provisional agreement to ban all carbon-neutral...more

UK Government Publishes a Response to its Consultation – Failure or Success?

On 30 October 2023, HM Treasury (HMT) published a response to its May 2022 consultation (the Consultation) on its approach to managing the failure of systemic digital asset (including stablecoin) firms (the Response)....more

Foreign Corruption in Advertising Markets: A Large and Looming Concern

Last week, Shanghai police reportedly raided the offices of WPP subsidiary, Group M, based on allegations of bribery in the placement of media by Group M. In response to the raid, WPP reportedly fired the executive who was...more

Privacy, Data and Cybersecurity Quick Clicks | Issue 10

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

ESG Guidepost | Issue 7

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Financial Markets and Funds Quick Take | Issue 19

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

FTC Proposes Rule to Ban "Junk Fees"

The FTC has proposed a rule to ban so-called “Junk Fees,” which, if enacted as proposed, would affect numerous industries, ranging from hospitality, to entertainment, to transportation. The proposal purports to prohibit...more

The Carbon Claims Pincer Movement

In response to litigation about carbon neutrality claims, many corporations and asset managers have been inclined to go silent, that is to engage in "greenhushing" by not publicly mentioning any carbon reduction goals. ...more

ESG Guidepost | Issue 6

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

California Passes Two Climate Disclosure Laws That Will Require Unique, Public Reporting of Carbon Emissions and Climate Risk

California's Legislature has passed two new climate disclosure bills, SB 253, the Climate Corporate Data Accountability Act (CCDAA), and SB 261, the Climate-Related Financial Risk Act (CRFRA), which together will require a...more

California Lawsuit Launches Massive Climate Change Lawsuit Against Major Oil Producers and Their Trade Association

On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their main trade association. The suit alleges generally that the defendants knew about the...more

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Oral Phenylephrine — Cue the Lawsuits

On September 12, an FDA Advisory Committee unanimously recommended that oral phenylephrine, the active ingredient in numerous popular over-the-counter (OTC) nasal decongestant products, was not effective at its intended...more

Thoughts from the National Advertising Division (NAD) Annual Conference, 2023

The annual legal conference for the National Advertising Division of the Better Business Bureaus National Programs (NAD) took place over two days this week in Philadelphia. The conclave was well-attended by the advertising...more

9/22/2023  /  Advertising , NAD , NARB

ESG Guidepost | Issue 5

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

District Court Denies Nestle's Motion to Dismiss False Advertising Class Action Based on Alleged Child Labor in Cocoa Supply Chain

Late last week, the United States District Court for the Southern District of California denied a motion to dismiss a putative class action alleging that Nestle had falsely advertised, in part, that its cocoa as "sustainably"...more

7/20/2023  /  Advertising , Child Labor , Supply Chain

Privacy, Data and Cybersecurity Quick Clicks | Issue 7

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

"Aspirational" claims: an alternative to greenhushing?

Major media and consultants are noting the increasing trend towards corporate “greenhushing,” that is, adopting a “radio-silence approach to environmental goals.” For example, a survey late last year reported that one in four...more

7/17/2023  /  Advertising , False Advertising , NAD , NARB

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...more

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