News & Analysis as of

Investors Greenwashing

Royer Cooper Cohen Braunfeld LLC

The Pitfalls of “Green Washing”

In a significant development for the investment management industry, a large adviser agreed to pay a hefty $17.5 million civil penalty to settle charges with the SEC over misleading statements about its Environmental, Social,...more

K&L Gates LLP

Australia Greenwashing: Half-Yearly Review of ASIC and ACCC Prosecutions – and ACCC Position on Environmental Collaborations

K&L Gates LLP on

In Brief - The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged "greenwashing" (misleading...more

J.S. Held

Unmasking Greenwashing: Avoiding Potentially Deceptive Practices

J.S. Held on

Introduction - In today's world, the spotlight on Environmental, Social, and Governance (ESG) practices is brighter than ever. Stakeholders, including investors, consumers, and even corporate employees, are demanding that...more

McDermott Will & Emery

Private Markets Update | Summer 2024

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The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets. ...more

Blake, Cassels & Graydon LLP

Blakes upRound™: October 2024

In this Edition - The ups and downs of the M&A and financing markets in the emerging companies and venture capital sector....more

Husch Blackwell LLP

Investors and Regulators Demand Climate Disclosures, but Companies Should Beware of Greenwashing Claims

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Pressure from consumers, investors, and regulators to provide climate, environmental, and sustainability disclosures is increasing, but it is important for companies to ensure such disclosures are accurate, verifiable, and...more

K&L Gates LLP

July 2024 ESG Policy Update—Australia

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Australian Update - Proposed Code of Practice to Reduce Modern Slavery Through Lending, Investment and Asset Management - The New South Wales (NSW) Anti-Slavery Commissioner (Commissioner) recently released its discussion...more

A&O Shearman

European Securities and Markets Authority Opinion on the Functioning of the Sustainable Finance Framework

A&O Shearman on

The European Securities and Markets Authority has published an Opinion on the sustainable finance regulatory framework, setting out possible long-term improvements. ESMA acknowledges that while the EU sustainable finance...more

Proskauer - Regulatory & Compliance

The Anti-Greenwashing Rule Comes Into Force: A Legal Lens

On 31 May 2024, a new anti-greenwashing rule is being introduced by the Financial Conduct Authority (the “FCA”) as part of its Sustainability Disclosure Requirements (“SDR”). We cover here the introduction of the FCA’s...more

K&L Gates LLP

May 2024 ESG Policy Update—Australia

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AUSTRALIAN UPDATE - Updated Bill to Introduce Climate-Related Financial Reporting Regime - Background - The Australian Government released the first reading draft of the Treasury Laws Amendment (Financial Market...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

Mintz

Investors Pull Money From ESG Funds

Mintz on

It has been reported--based upon an analysis by Morningstar--that “[i]nvestors pulled $5 billion from U.S. sustainable funds in the fourth quarter [of 2023] for a total of $13 billion last year [2023].” According to the same...more

Latham & Watkins LLP

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

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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

Kohn, Kohn & Colapinto LLP

Using Whistleblower Laws to Hold Polluters Accountable

Global political and business leaders have purported ambitious climate-focused goals for the decades ahead, such as eliminating landfill waste by 2030, transitioning to 100% renewable energy use by 2035, and achieving...more

BCLP

Minimum Energy Efficiency Standards - here to stay or at risk of becoming redundant?

BCLP on

In September, ahead of the Conservative party conference, Rishi Sunak announced a step back from the Government’s net zero policy and targets.  This was followed up last week by the Government’s formal response to the Climate...more

K&L Gates LLP

ESG Policy Update – Australia

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Australian Update - Warnings Issued About Active Investment Greenwashing As reported by the Australian Financial Review, Australian Securities and Investments Commission (ASIC) has warned that superannuation funds who justify...more

Latham & Watkins LLP

Transparency Is Key for PE Amid Greenbashing Risk

Latham & Watkins LLP on

As ESG statements fall under increasing scrutiny, sponsors should aim for consistent and accurate messaging, as well as robust ESG strategies. Regulatory drivers and stakeholder demands have put environmental, social,...more

Mintz

SEC Approves "Names" Rule to Combat Greenwashing

Mintz on

On September 20, 2023, the SEC approved amendments to the "Names Rule," which were initially proposed in May 2022. Although the stated "purpose of the Names Rule," according to the accompanying Fact Sheet distributed by the...more

American Conference Institute (ACI)

[Event] 3rd Annual Summit on ESG - October 11th - 12th, New York, NY

Hosted by American Conference Institute, the 3rd Annual Summit on ESG returns for another exciting year with ESG professionals gathering to address key pillars and trends driving ESG in 2023. Attendees will gain insights...more

Dechert LLP

Five Key Focus Areas of BaFin’s Sustainable Finance Strategy

Dechert LLP on

On 5 July 2023, BaFin, Germany's financial supervisory authority, outlined its sustainable finance strategy (the Strategy). The Strategy focuses on five areas that BaFin views as key to supporting the transition to a more...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

Katten Muchin Rosenman LLP

ESG Guidepost | Issue 1

Welcome to the inaugural issue of Katten ESG Guidepost. Each month, ESG Guidepost will highlight the latest news, legal and regulatory developments involving environmental, social and governance matters. ...more

Katten Muchin Rosenman LLP

Financial Markets and Funds Quick Take | Issue 13

NFTs and the Enduring Allure of Digital Collectibles - This is the first article of a series by Katten attorneys examining non-fungible tokens (NFTs) and various novel legal issues raised by NFTs, including in copyright...more

Katten Muchin Rosenman LLP

Increasing International Focus on Greenwashing to Investors

Greenwashing is an evolving issue involving exaggerated or misleading claims about the sustainability or environmental benefits of a product, service, or business. Due to increased pressure from consumer advocates, investors,...more

Society of Corporate Compliance and Ethics...

Greenwashing and Compliance Risk

As environmental expectations keeps rising and Environmental Social and Governance (ESG) metrics gain more importance to investors, some organizations will be tempted to greenwash, which is best described as making an...more

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