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New SEC Guidance on Climate Change | Dentons

New SEC Guidance on Climate Change | Dentons
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Investors and ESG Dicslosures in EU and UK

Investors and ESG Dicslosures in EU and UK
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SEC May Soon Require Affirmative Climate Change Disclosure By Public Companies | Levenfeld Pearlstein, LLC

SEC May Soon Require Affirmative Climate Change Disclosure By Public Companies | Levenfeld Pearlstein, LLC
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SEC Focusing on Climate and Environmental, Social and Governance Issues

Monday, May 10, 2021
While the U.S. Securities and Exchange (SEC) has not been very active in holding companies accountable for failing to report climate-related information, litigation under state provisions and the growing urgency of climate-related risks has shown the need for more active enforcement.
In recent years, states have pursued companies for allegedly making misleading financial disclosures in violation of state statutes. In 2015, for example, the New York Attorney General entered into a settlement with Peabody Energy Corporation involving misleading disclosures under New York-specific statutes. After subpoenaing internal records that showed the company had made internal market projections showing severe negative impacts from certain potential laws and regulations and had failed to disclose those projections to the public, the company ....

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Aligning ESG and 10-K Disclosures: A Perspective from a Chief Legal Officer | Bracewell LLP

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To say the SEC has signaled increased attention to ESG matters would be an understatement. Between February 24
th and April 12
th of this year, the SEC has posted on its website five public statements and two press releases that have a primary focus around ESG disclosures. The SEC also announced the creation of a Climate and ESG Task Force in the Division of Enforcement. The task force will include 22 members from the SEC’s headquarters, regional offices, and enforcement specialized units. Initially the task force will focus on material gaps or misstatements in issuers’ disclosure of climate risks under existing rules and will analyze disclosure and compliance issues relating to investment advisers’ and funds’ ESG strategies. Acting Deputy Director of Enforcement Kelly L. Gibson, who will lead the task force, pointed out that “Proactively addressing emerging disclosure gaps that threaten investors a ....

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