Tag Archives: SEC

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

SEC Proposes Two Rules as Cairns to Prevent Misleading ESG Claims

By Stuart Kaplow on June 19, 2022 Posted in Codes and Regulations, ESG, Federal, GHG

The Securities and Exchange Commission published in the Federal Register last Friday, June 17, 2022, proposed rules for new naming requirements and disclosures for investment funds making ESG claims. It would be a mistake for the broader business community to ignore these two rules interpreting them narrowly as only regulating asset managers at investment industry … Continue Reading

You Should Comment on the SEC’s Transformative Proposed ESG Rule

By Stuart Kaplow on April 24, 2022 Posted in Codes and Regulations, Federal, GHG

Note, after this was posted, the SEC extended the public comment period on the proposed rulemaking to enhance and standardize climate related disclosures from the originally scheduled close date of May 20, 2022 until June 17, 2022. We posted some weeks ago when the U.S. Securities and Exchange Commission issued a long awaited proposed new … Continue Reading

Rooney Rule Revised Provides ESG Opportunity

By Stuart Kaplow on April 3, 2022 Posted in ESG, Sustainability

Last Monday the NFL announced at the owners meeting that it had approved adjustments to the Rooney Rule, first adopted in 2003, “to enhance opportunities for people of color and women for nearly all league and team jobs.” As companies, most that are far afield from the NFL, look to have a positive impact on … 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

More Robust Enforcement of SEC Climate Change Disclosures

By Stuart Kaplow on February 21, 2016 Posted in Codes and Regulations, Environmental, Sustainability

A great deal of attention has been paid in recent days to a 5 year old Securities and Exchange Commission guidance, “Commission Guidance Regarding Disclosure Related to Climate Change,” which seeks to provide transparency to investors on the material risks posed by climate change. Recently The Los Angeles Times reported Exxon Mobil is under investigation … Continue Reading

Climate Change Disclosures by Public Companies

By Stuart Kaplow on August 14, 2015 Posted in Sustainability

In recent weeks this law firm has received more inquiries than at any time in recent years about the Securities and Exchange Commission’s disclosure requirements for public companies as they apply to climate change matters. Possibly the Environmental Protection Agency’s proposed rule for emission reductions for existing power plants triggered this heightened level of interest … Continue Reading

Green Building Law Update

Environmental Law and Sustainability for Business