New York Law Journal | Analysis
By Amy Roy, Amy Longo, William Davison and Michael Littenberg | June 15, 2022
Just days before issuing proposed rule amendments regarding the use of environmental, social, and governance (ESG) factors in mutual funds, the SEC gave a preview of its enforcement agenda with the settlement and $1.5 million penalty against a mutual fund adviser for alleged misstatements and omissions in fund disclosures regarding ESG considerations. The settlement suggests that enforcement agenda will be aggressive and far-reaching.
New York Law Journal | Analysis
By Patrick Dolan | May 26, 2022
According to the SEC, the proposed amendments are intended to better inform investors about a registrant's risk management, strategy and governance related to cybersecurity and to provide timely notification to investors of material cybersecurity incidents.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 25, 2022
Recent state court decisions striking down board diversity mandates in California present an opportunity to consider the current regulatory context and the realities facing nominating committees and boards today.
New York Law Journal | Expert Opinion
By Dave Curran and Brad Karp | May 11, 2022
Russia's invasion of Ukraine has forced companies to navigate a new world order and reexamine their environmental, social and governance priorities, especially concerning human rights. Here is how lawyers can help companies respond to the unprecedented crisis.
By Brian Lee | April 22, 2022
Leading the lender's defense is a Vinson & Elkins partner who was a former assistant chief of the U.S. Department of Justice's Criminal Fraud Section.
New York Law Journal | Analysis
By Alexandre Rene, Michael R. Littenberg, Jessica L. Soto and Caitlin Handron | March 23, 2022
Closing the gap between well-meaning diversity efforts and true equity and inclusion is difficult. Racial Equity Audits are a step in the right direction toward creating accountability between values and outcomes.
New York Law Journal | Analysis
By Dale J. Degenshein | March 8, 2022
In her Cooperatives and Condominiums column, Dale Degenshein discusses several ideas boards should keep in mind when planning and holding meetings.
New York Law Journal | Commentary
By Ethan Klingsberg, Damien Zoubek, Paul Tiger and Elizabeth Bieber | March 1, 2022
The direction of the SEC's proposal has the potential to be a win-win for constructive relations between investors and publicly-held companies.
By Erika C. Collins and Caroline Guensberg | February 25, 2022
In order to avoid the pitfalls associated with implementing a DE&I program, multi-national companies are advised to adopt a global mission but to implement this mission locally.
New York Law Journal | Analysis
By David E. Schwartz and Emily D. Safko | February 18, 2022
Many companies have already implemented ESG efforts and many more are considering the issues, including whether to make ESG-related disclosures. Companies should be cautious not to overstate efforts, as doing so may risk Rule 10b-5 violations or other legal liabilities.
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