News & Analysis as of

Greenwashing Investment Securities and Exchange Commission (SEC)

Vinson & Elkins LLP

SEC Charges Invesco Advisers for Making Misleading ESG Claims

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On November 8, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced a settled enforcement action (the “SEC Order”) against Invesco Advisers, Inc. (“Invesco”), an investment advisory firm, for making misleading...more

Vinson & Elkins LLP

SEC Eliminates ESG Task Force

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Over the last few months, the U.S. Securities and Exchange Commission (“SEC”) discretely disbanded the Climate and ESG Taskforce (“ESG Task Force”) of its Division of Enforcement. The move follows a wave of recent pushback...more

K&L Gates LLP

Carbon Quarterly – Volume 8

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

K&L Gates LLP

March 2024 ESG Policy Update—Australia

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Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced...more

Jones Day

SEC Chair Warns Against "AI Washing"

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As public companies increasingly discuss their artificial intelligence ("AI") capabilities, the U.S. Securities and Exchange Commission ("SEC") reminds us that it is closely watching these claims....more

Mintz

Significant ESG Enforcement Action by the SEC Against Major Investment Advisor

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On September 25, 2023, the SEC announced a settled administrative proceeding against a major investment advisor in which it agreed to pay a $19 million civil penalty for, effectively, greenwashing activities--i.e., pretending...more

Mintz

Could the new SEC "Names Rule" kill ESG funds?

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Could the new SEC "Names Rule" really kill ESG funds as this article suggests? It seems very doubtful, but whether you agree with the linked article or not, it does provide an interesting perspective....more

Pillsbury - Gravel2Gavel Construction & Real...

“Groundbreaking” SEC Complaint Accuses Oil Major of Greenwashing Its Investment Reporting

In a “groundbreaking” complaint, environmental NGO Global Witness asked the Securities and Exchange Commission (SEC) Climate and ESG Task Force to investigate oil major Shell for possible violations of federal securities...more

K2 Integrity

ESG Certification: Assisting in Mitigating Greenwashing for Investors, Managers, Funds and Regulators

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There have been numerous positive developments in the evolution of ESG investing. Still, the research needed to assess which investments are truly ESG-compliant and which are tantamount to greenwashing is burdensome...more

Perkins Coie

ESG and the SEC: Where Are We Now?

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The first half of 2022 saw significant U.S. Securities and Exchange Commission (SEC) enforcement and rulemaking activity around environmental, social, and governance (ESG) investing. In its regulation of ESG investing, the...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2022

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As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

Foley Hoag LLP - White Collar Law &...

ESG Enforcement Actions Underscore SEC Focus on Public Company and Investment Adviser Disclosure

The formation of SEC Enforcement’s Climate and ESG Task Force last year confirmed that ESG had become one of the agency’s top enforcement priorities, and signaled that an uptick in investigations and enforcement actions...more

Mintz

As Part of Global Crackdown on Greenwashing, German Prosecutors Raid Asset Manager

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The international news media have publicly reported that German law enforcement has raided an asset manager concerning a "whistleblower's allegations that [the asset manager] sold investments as 'greener' or 'more...more

Mintz

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

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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

Bass, Berry & Sims PLC

The Not So Green-Friendly Practice of Greenwashing

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As investors, advisers, corporations and other stakeholders become increasingly focused on environmental, social and governance (ESG) investments and disclosures, regulators are becoming increasingly concerned with potential...more

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