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The United States Securities and Exchange Commission (“SEC”), for example, has focused on ESG by investigating and taking action against companies that tout business practices such as consideration of environmental sustainability, but fail, in practice, to live up to their claims. [read post]
26 Jul 2023, 9:01 pm by renholding
In 2011, “the Division of Corporation Finance issued interpretive guidance providing [its] views concerning operating companies’ disclosure obligations relating to cybersecurity. [read post]
26 Jul 2023, 11:31 am by Kevin LaCroix
Securities class action plaintiff’s counsel routinely scour corporate expressions of purpose, of conduct, or of ethics, to try to find statements that are contrary to subsequent corporate conduct, in order to try to support allegations that the statements misled investors. [read post]
19 Jul 2023, 9:05 pm by renholding
Corporate and securities law – as well as companies and their leaders acting through lobbying and politics – also have major roles to play.[9] The proposed legislation in California is both legally solid and helpful for making climate progress. [read post]
10 Jul 2023, 8:26 am by Edward T. Kang and Kandis Kovalsky
The SEC believes the vast majority of cryptocurrencies are securities based on the Howey test, the framework used to determine if an asset is a security articulated in SEC v. [read post]
27 Jun 2023, 9:01 pm by renholding
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
26 Jun 2023, 11:52 am by Kevin LaCroix
* [i] There have been more than 230 corporate bankruptcy filings in the United States in 2023, according to the latest market intelligence data from S&P Global. [read post]
26 Jun 2023, 11:52 am by Kevin LaCroix
* [i] There have been more than 230 corporate bankruptcy filings in the United States in 2023, according to the latest market intelligence data from S&P Global. [read post]
14 Jun 2023, 9:05 pm by renholding
United States, 445 U.S. 222, 227 n.8 (1980) (quoting Judge Learned Hand’s statement in Gratz v. [read post]
14 Jun 2023, 4:33 pm by susan
’s motion to dismiss the state’s lawsuit against the company for allegedly misleading consumers and investors about climate change and fossil fuels.[16] Exxon Mobil Corp. and its former officials were defendants in a securities fraud class action in which shareholders alleged materially false and misleading statements relating to climate change. [read post]
5 Jun 2023, 9:30 pm by ernst
  DRE]Joseph Dolley (wiki)Shortly after 1900, Joseph Dolley, Kansas’s state banking commissioner, noticed that the state’s residents, dissatisfied in an inflationary time with the interest on savings accounts in commercial banks, were purchasing the exceedingly dubious securities of newly formed corporations, “beautifully engraved or lithographed certificates of stocks and bonds, which soon proved to be worthless. [read post]
2 Jun 2023, 6:30 am
Holland, Simpson Thacher and Bartlett LLP, on Saturday, May 27, 2023 Tags: anti-ESG, Financial institutions, Institutional Investors, legislation, Monetary policy, State regulation Significant Amendments to Private Fund Adviser Reporting on Form PF Posted by Diane Blizzard and Radhika Kshatriya, Kirkland & Ellis LLP, on Sunday, May 28, 2023 Tags: Disclosure, Form PF, Investment advisers, Private equity, Private funds, SEC enforcement The Imperfect CEO Posted by Justus… [read post]
2 Jun 2023, 6:30 am
Holland, Simpson Thacher and Bartlett LLP, on Saturday, May 27, 2023 Tags: anti-ESG, Financial institutions, Institutional Investors, legislation, Monetary policy, State regulation Significant Amendments to Private Fund Adviser Reporting on Form PF Posted by Diane Blizzard and Radhika Kshatriya, Kirkland & Ellis LLP, on Sunday, May 28, 2023 Tags: Disclosure, Form PF, Investment advisers, Private equity, Private funds, SEC enforcement The Imperfect CEO Posted by Justus… [read post]