ESG Enforcement Actions Underscore SEC Focus on Public Company and Investment Adviser Disclosure

Key Takeaways:

  • The U.S. Securities and Exchange Commission’s (SEC’s) Climate and ESG (Environmental, Social, and Governance)Task Force has brought its first two enforcement actions for allegedly misleading ESG-related disclosures by a public company and an investment adviser, respectively.
  • The actions reflect the close and continuing focus on ESG by the SEC’s Division of Enforcement (Enforcement); more such actions are virtually certain to follow.
  • These cases also underscore the importance for issuers and advisers of mitigating the risk of ESG-related disclosure violations through robust internal controls and careful vetting of public statements about ESG impacts and investments.…
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SEC’s Expansion of Crypto Assets and Cyber Unit Signals Increased Enforcement Ahead

Key Takeaways:

  • The U.S. Securities and Exchange Commission’s (SEC’s) Division of Enforcement (Enforcement) announced that it will nearly double the size of its Crypto Assets and Cyber Unit, making the Unit one of the largest within Enforcement.
  • The decision reflects the SEC’s increasing prioritization of cryptocurrency and cybersecurity enforcement.
  • Issuers of digital assets, crypto exchanges and lending platforms, and other industry participants should expect more frequent investigations and enforcement actions.…
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Three Takeaways from the SEC’s New Proposed Rules on Climate Disclosures

Today, the Securities & Exchange Commission voted 3 to 1 in favor of adopting a long-awaited set of proposed revisions to SEC regulations concerning the disclosure of climate risks and related financial impacts, as well as data on greenhouse gas emissions in certain SEC filings. The recommendation to adopt the new set of rules was not unanimous, with Commissioner Hester Peirce voting against the measure, arguing that the new set of rules is at best unnecessary,… More

Looking at the Landscape of Congressional Investigations in 2022

This is the tenth and final post in this year’s series examining important trends in white collar law and investigations. Be on the lookout for a roundup of our 2022 White Collar Year in Preview Series shortly.

Last March, we anticipated that the 117th Congress would use the powerful investigative tools at its disposal to drive its legislative agendas. Since then, we have seen congressional inquiries focusing especially intensely on climate change and prescription drug costs.… More

Federal Cryptocurrency Enforcement in 2022

This is the ninth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in SEC enforcement of ESG priorities. Up next: Looking at the Landscape of Congressional Investigations in 2022.

In 2021, various federal entities took steps toward establishing and exerting their enforcement authority against businesses and individuals transacting in cryptocurrency (or “crypto”),… More

On the Horizon – What’s Next For SEC Enforcement of ESG Priorities?

This is the eighth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in False Claims Act enforcement. Up next: trends in Federal Cryptocurrency Enforcement in 2022.

Key Takeaways

  • Sensitive to criticism of regulation through litigation, the SEC’s Enforcement Division has not pursued cases dealing with cutting edge ESG issues before the SEC decides what,…
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False Claims Act Enforcement in 2022: What To Expect In The Year Ahead

This is the seventh post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed SEC Enforcement in 2022: A Look Ahead. Up next: ESG and the SEC: What’s Next on the Horizon.

Looking further ahead into 2023, we expect to see several trends in the DOJ’s enforcement of the False Claims Act:

SEC Enforcement in 2022: A Look Ahead

This is the sixth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in sanctions & export controls enforcement. Up next: trends in False Claims Act enforcement.

Takeaways:

  • The SEC Division of Enforcement’s increasingly aggressive pursuit of investigations and enforcement actions will continue in 2022.…
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Review of Sanctions and Export Control Developments in 2021 and What to Expect in 2022

This is the fifth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in State AG enforcement. Up next: SEC Enforcement in 2022: A Look Ahead.

Key Takeaways:

  • Russia and China will continue to be the focus of country-specific sanctions and export controls, but hotspots around the world persist;…
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Office of the Massachusetts Attorney General – 2022 Preview

This is the fourth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in tax enforcement. Up next: trends in sanctions & export controls enforcement.

2022 is shaping up to be an interesting year for the Office of the Massachusetts Attorney General. It marks Maura Healey’s final year as AG as she gears up for her run for governor. … More