Tag Archives: ESG disclosure

SEC Alleges BNY Mellon made ESG Misstatements and Omissions

The Securities and Exchange Commission charged BNY Mellon Investment Adviser, Inc. with misstatements and omissions about ESG considerations for certain mutual funds that it managed. To settle the charges, on May 23, 2022, BNY Mellon Investment Adviser agreed to pay a $1.5 million penalty. The SEC’s order finds that, from July 2018 to September 2021, BNY … Continue Reading

Modern Slavery a Key ESG Factor

By Stuart Kaplow on March 20, 2022 Posted in ESG, Solar Panel, Sustainability

Slavery exists today. The British government recently reported there are more enslaved people today than there have been at any time in history! And if you doubt that modern slavery is here and now, 20 days ago, on March 1st, U.S. Customs and Border Protection officers seized four shipments of palm oil at the port … Continue Reading

You can Participate in our Survey of ESG Activity in the Marketplace

By Stuart Kaplow on November 28, 2021 Posted in Environmental, ESG

I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. We are currently undertaking a survey … Continue Reading

The S in ESG may be the Most Impactful

By Stuart Kaplow on August 22, 2021 Posted in Environmental, ESG, Sustainability, Uncategorized

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (.. yes, this blog will continue). This post originally appeared in that … Continue Reading

IPCC Fanning the Flames of ESG

By Stuart Kaplow on August 15, 2021 Posted in Climate Change, Environmental, ESG, GRESB, Sustainability

Bury Your Head in the Sand and ESG will Go Away

By Stuart Kaplow on August 1, 2021 Posted in ESG

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I will be publishing a new blog beginning later this month at www.ESGLegalSolutions.com. And if we can assist you or a … Continue Reading

Good ESG Guidance Available in a Matter of Days

By Stuart Kaplow on June 27, 2021 Posted in Codes and Regulations, ESG, Federal

As we work with a flood of businesses now considering their place in the environmental, social, and governance (ESG) space, the number one concern that we hear expressed is A Call for Comprehensive and Clearer ESG Disclosures. As I expressed in that blog post some weeks ago, today there is simply no regulatory guidance for … Continue Reading

A Call for Comprehensive and Clearer ESG Disclosures

By Stuart Kaplow on May 30, 2021 Posted in Environmental, ESG, Green Washing, LEED, Sustainability

Last Wednesday, with a Dutch court finding Royal Dutch Shell partially responsible for climate change and ordering it to reduce emissions and two environmental activists being voted to Exxon Mobil board at the annual meeting, made clear how dramatically the landscape is shifting for all businesses in the environmental, social, and governance (ESG) space, as … Continue Reading

Companies are Preparing for ESG Disclosure Rules

By Stuart Kaplow on January 24, 2021 Posted in Climate Change, Codes and Regulations

Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. New appointees in the Biden Administration, from the SEC and the Labor Department to the top White House economic advisor, all signal mandatory ESG disclosures. The idea of ESG began in 2004 with a United Nations … Continue Reading

SEC Alters Environmental Disclosure Requirements for First Time in 30 Years But

By Stuart Kaplow on September 20, 2020 Posted in Climate Change, Federal

A final rule the U.S. Securities and Exchange Commission adopted on August 26, 2020 and effective 30 days after publication in the Federal Register may be more significant for what is not in the rule. The rule is silent on ESG disclosures, including nary a mention of climate risk, but as described below the results … Continue Reading

ESG Going the Way of the Dodo?

By Stuart Kaplow on August 23, 2020 Posted in Environmental, GRESB, Sustainability

Earlier this month the U.S. Department of Labor put another nail in the coffin of environmental, social and governance (“ESG”) disclosures. Media sources have reported that the Employee Benefits Security Administration in the Department of Labor sent letters to a group of Registered Investment Advisors requesting detailed information within 2 weeks about their use of … Continue Reading

LEED can Help Mitigate Legal Risks in ESG Disclosures

By Stuart Kaplow on March 8, 2020 Posted in Environmental, LEED

Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. Vocal socially conscious investors, activist stockholder environmental proxy proposals, and the like are driving companies to make ESG statements. This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building … Continue Reading

Green Building Law Update

Environmental Law and Sustainability for Business