On September 22, 2021, the Division of Corporation Finance of the Securities and Exchange Commission issued a sample comment letter to highlight its increased focus on climate change-related disclosures or the absence of such disclosures in issuer filings under the Securities Act and the Exchange Act.
Continue Reading SEC Issues Sample Climate Change Comment Letter
In a dramatic recent announcement, EPA suggested that if companies import, manufacture, or process a finished good for commercial sale, and that product is not a pesticide, not a firearm, not a tobacco product, and not a food, food additive, drug, cosmetic, or device, they will need to know all chemicals contained in those products.
Continue Reading EPA May Require Companies To Know All The Chemicals In Products They Make Or Sell
In an underreported amendment to the Bankruptcy Code, the Small Business Reorganization Act amended §547(b) of the Code to add an explicit requirement for the bankruptcy trustee or debtor in possession to conduct “reasonable due diligence” before filing a preference action.
Continue Reading Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference Actions
This year, like last, the National Oceanic and Atmospheric Administration predicts an extremely active hurricane season. Now is the time to ensure your insurance program is hurricane-ready.
Continue Reading Before and After the Storm: Know Your Insurance Rights, Coverages and Obligations
As reported on the Hunton Insurance Recovery blog, Hunton product liability and mass tort attorneys Elizabeth Reese and Alexandra Brisky Cunningham and insurance attorney Latosha Ellis recently published an article in Risk Management discussing key lessons from Peloton’s Tread+ Recall.
Continue Reading Key Lessons From Peloton’s Tread+ Recall
On August 16, 2021, the U.S. Securities and Exchange Commission announced that Pearson plc, a publicly traded British multinational educational publishing and services company, agreed to pay a $1 million civil penalty in a settlement related to charges that Pearson misled investors about a 2018 data breach resulting in the theft of millions of student records.
Continue Reading SEC Sanctions Public Company for Misleading Disclosures About Data Breach
Environmental justice is a central focus of the Biden administration’s environmental agenda. In the wake of issuance of new and enhanced EJ policies by both the federal government and states, it behooves lawyers in multiple disciplines to account for EJ issues in their legal practice.
Continue Reading Environmental Justice Considerations in Business Transactions
On July 29, 2021, the US Department of Labor filed a final rule rescinding the Trump-era “Joint Employer Status Under the Fair Labor Standards Act” rule, which went into effect on March 16, 2020.
Continue Reading US DOL Finalizes Rescission of Trump’s Joint Employer Rule
On June 1, 2021, the U.S. Court of Appeals for the D.C. Circuit overturned a NLRB determination that a manager’s incorrect blaming of a union for discrepancies in an employee’s paid-leave time constituted an unfair labor practice.
Continue Reading D.C. Circuit Clarifies Boundaries of Protected Employer Expressions
Environmental, social and corporate governance – like climate change and environmental justice – has been a hot topic of discussion in the early days of the Biden administration. Illustrating the interconnectedness of the trending issues, climate change and environmental justice are pillars of ESG.
Continue Reading Environmental, Social and Corporate Governance: What are the Risks, Really?