News & Analysis as of

Greenwashing Enforcement

Proskauer - Regulatory & Compliance

SEC  “Greenwashing” Enforcement  Case Against Public Company

Last week, the SEC publicly announced a settled enforcement case against Keurig Dr. Pepper.  The case focused on the company’s disclosure in its annual reports on Form 10-K on whether its K-Cup pods could (or would) be...more

Mintz

Canada Increases Enforcement Focus on Greenwashing

Mintz on

As of June 2024, Canada added certain provisions to its Competition Act that explicitly target the practice of greenwashing. In particular, according to the Canadian Competition Bureau, these amendments: (1) “requir[e] that...more

Vinson & Elkins LLP

Cooperation and Compliance: Navigating Artificial Intelligence at the Securities Enforcement Forum

Vinson & Elkins LLP on

On May 23, 2024, the Securities Enforcement Forum West debuted its first-ever panel on the impact of artificial intelligence (“AI”) on securities enforcement, regulation, compliance, and practice, signaling an increased focus...more

Bracewell LLP

Greenwashing: Emerging Compliance and Cross-Border Legal Risks

Bracewell LLP on

Greenwashing, or the use of green ‘claims’ to improve a business’ or product’s environmental credentials with consumers, has come under significant scrutiny in recent years. Both the Advertising Standards Authority and the...more

K&L Gates LLP

April 2024 ESG Policy Update—Australia

K&L Gates LLP on

Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...more

Proskauer - The Capital Commitment

ESG in 2024: Traps for the Unwary

ESG continues to be a hot topic for 2024 for investors and regulators alike. The specific concerns investors and regulators have – and what they expect to develop over the coming months – differ, however, across...more

Nilan Johnson Lewis PA

The “Business Case” to Mitigating PFAS Risk in 2024 – Part 2 of 10

Nilan Johnson Lewis PA on

PART 2. THE “BUSINESS CASE” TO MITIGATING PFAS RISK IN 2024 - PFAS have been described as the “new asbestos,” in terms of the scope of regulatory burden and litigation risk facing manufacturers whose products contain PFAS....more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Latham & Watkins LLP

ESG Insights: 10 Things That Should Be Top of Mind 2024

Latham & Watkins LLP on

Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG. In some ways, 2023 was a challenging year for ESG. This...more

Mintz

A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations

Mintz on

The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more

Proskauer Rose LLP

UK and EU Sustainable Finance Regulation: Taking Stock with Change on the Horizon

Proskauer Rose LLP on

Both opportunities and challenges have arisen for the asset management industry as a result of the rapid introduction of UK and EU sustainable finance regulation in recent years. The new requirements have been heightened in...more

ArentFox Schiff

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

ArentFox Schiff on

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more

Society of Corporate Compliance and Ethics...

[Event] Regional Compliance & Ethics Conference - July 14th, Singapore, Singapore

Looking for compliance education and networking in your area? SCCE’s Regional Compliance & Ethics Conferences offer convenient, local compliance education for practitioners across the globe, including updates on the latest...more

Davies Ward Phillips & Vineberg LLP

Governance Insights: Charting a (Safe) Path Through the ESG Wilderness

The rapid and growing recognition of the importance of accounting for ESG factors in strategic decision-making and corporate reporting has, perhaps predictably, been followed by a notable increase in anti-ESG sentiment and a...more

White & Case LLP

ESG liability and litigation risks with a focus on Germany: Greenwashing

White & Case LLP on

The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

Society of Corporate Compliance and Ethics...

[Virtual Event] ESG and Compliance Conference - June 28th, 8:25 am - 4:30 pm CT

Achieve your ESG goals in 2023 - Environment, Social, and Governance (ESG) is a top priority for organizations of all types and sizes, and it the compliance team is a key factor in the ESG equation. Much like regulatory...more

Pillsbury Winthrop Shaw Pittman LLP

Amid the Rise of Greenwashing Litigation, Guidance Due for Updates May Become Law

As companies are increasingly defending against lawsuits over allegedly greenwashed marketing campaigns, federal agencies and the Biden Administration are considering codifying relevant non-binding guidance, currently under...more

ArentFox Schiff

ESG Litigation Update: Environmental Justice Claims

ArentFox Schiff on

A new set of environmental policies embraced by the Biden Administration ― environmental justice (EJ) ― may soon spur litigation in the environmental, social, and governance (ESG) space....more

Dechert LLP

Securities and Derivative Litigation: Quarter 4 Update

Dechert LLP on

In 2022, there were 197 federal securities class actions filed, which is a 6.6% drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. Despite a...more

Morrison & Foerster LLP

Green, Greener, Greenwashing – Green Claims Marketing in the EU and Germany

Morrison & Foerster LLP on

The highlighting of ecological benefits of products or sustainability efforts and achievements has become the new normal in advertising and marketing activities. Along with these efforts goes the risk of overstating...more

Mintz

SEC Announces Disclosures and Rules Changes Intended to Combat "Greenwashing"

Mintz on

Today, the SEC issued two complementary press releases announcing certain proposed rules. First, the SEC announced "proposed amendments to enhance and modernize the Investment Company Act 'Names Rule'" that would "extend the...more

Bracewell LLP

Litigation and Enforcement Impact of the SEC's Proposed Rules on Climate-Related Disclosure

Bracewell LLP on

The Securities and Exchange Commission’s Proposed Rules on Climate-Related Disclosure, released March 21, 2022, represent a significant change in public company disclosure requirements and, if adopted, will have far-reaching...more

Wiley Rein LLP

ESG and SEC Enforcement in 2022

Wiley Rein LLP on

In this episode, Wiley’s Kevin Muhlendorf and Holly Wilson discuss what 2022 will bring for Climate and Environmental, Social, and Governance (ESG) issues at the SEC, including expected activities by the SEC’s ESG Task Force...more

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