When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide Coverage

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney General (NYAG) power to aggressively scrutinize the public statements of energy companies on the subject of climate change. Many other states’ attorneys general have also indicated that they will step up climate change-related investigations in their jurisdictions. This client alert focuses on strategies for managing and obtaining insurance coverage for such investigations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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