Inflation Reduction Act
ESG Seminar: ESG Fundamentals and Litigation
ESG Fundamentals – Origins, Drivers, Frameworks, Ratings, Commitments - Kevin Ewing & Tim Wilkins Litigation and Other Legal Risks in Corporate ESG Reporting and Disclosure Active State Enforcement - Kevin Ewing & Tom Kokalas SEC/DOJ Enforcement - Seth DuCharme &...
Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement
On June 3, 2021, the White House issued a memorandum announcing anti-corruption as a core national security interest. The memorandum explains that, “[c]orruption threatens United States national security, economic equity, global anti-poverty and development efforts, and democracy itself.” It directs...
Reverse Veil-Piercing Endorsed by Delaware Chancery Court
A recent decision in the Delaware Chancery Court broadens the risk of inter-corporate liability by endorsing the theory of “reverse” veil-piercing, where a plaintiff can reach down to the assets of a parent company’s subsidiaries. 1 Although many plaintiffs in...
Decommissioning Oil and Gas Wells in the UK – High Court Delivers Important Judgment with Ramifications for M&A Deals and the Provision of Decommissioning Security
In the recent case of Apache UK Investments Limited v Esso Exploration and Production UK Limited [2021] EWHC 1283 (Comm), the English High Court has delivered an important ruling which addresses the extent to which a prior owner of an...
Construction Disputes in Project Financing: Managing Conflicts of Interest Between Project Parties
Article originally appeared in the May 2021 issue of Project Finance International Introduction Project finance structures commonly involve project parties, such as construction contractors, suppliers, offtakers and O&M contractors, who are affiliated to a sponsor or help secure debt for...
Avoid a Fall Out With the Feds: Planning for Increased Cyber Regulations
The cyber landscape is changing once again, in terms of impact, policy and potential exposure. In the wake of the Colonial Pipeline hack , the Biden administration released a long-awaited Executive Order intended to strengthen US cybersecurity infrastructure. The order...
Will Generic ESG Statements Lead to a Wave of Securities Litigation?
These days, it is commonplace for companies to commit to general concepts like “sustainability” or a “diverse workforce” in public statements and SEC disclosures. But when stock prices drop as a result of specific environmental, social and governance (“ESG”) issues...
Icy Hot: Texas Policyholders With Damage from Winter's Late-Season Freeze Must Also Prepare for Early-Season Hurricanes
Although many organizations in Texas are still grappling with the impacts from February’s winter storm, hurricane season is right around the corner. Officially, it runs from June 1 to November 30. But due to the steady increase of early-season hurricanes...
What Will the SEC's ESG Enforcement Look Like? Cyber Cases Offer Clues
As the SEC has become more vocal in its expectations for environmental, social, and government (ESG) disclosure, serious questions remain about how ESG matters will be investigated and what enforcement measures might look like . Indicators suggest that the SEC...
Prepare For More Financial Scrutiny Ahead
Article originally published on StrategicCFO360 CFOs already grappling with the impact of the coronavirus pandemic and uncertainty about its impact on labor, real estate and other long-term costs will have several new challenges to consider in the coming year. SEC...
Texas Supreme Court Clarifies Scope of Property Owners' Statutory Protections
The Texas Supreme Court’s recent decision in Los Compadres Pescadores, L.L.C. v. Valdez provides new guidance regarding a commercial property owner’s protections against liability for injuries occurring on construction sites. Chapter 95 of the Texas Civil Practice and Remedies Code...
Delaware Supreme Court Applies Delaware Law Even When Insured Is Headquartered Elsewhere
In a unanimous decision, the Delaware Supreme Court recently held that Delaware law applies to a D&O policy issued to a Delaware corporation, ruling that the place of incorporation outweighed other factors such as where the company is headquartered, where...
SEC Underscores ESG Disclosure and Compliance Priorities
Since announcing the creation of its Climate and ESG Task Force on March 4, 2021 , the Securities and Exchange Commission has continued to emphasize that environmental, social and governance (ESG) issues will take center stage disclosure and enforcement priorities...
DOL Signals Plan to Embrace ESG Investing
On Wednesday, March 10, 2021, the Department of Labor announced that, pending further guidance, it will not enforce two recent regulations that many viewed as deterring retirement fund managers from socially conscious investing. 1 Wednesday’s statement likely foreshadows guidance or...
New SEC Task Force Confirms Commitment to ESG Focus
A series of recent announcements by the SEC underscores the agency’s commitment—and allocation of resources—to its heightened focus on environmental, social and governance (“ESG”) issues. Significantly, on March 4, 2021, the SEC announced the creation of a Climate and ESG...