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Oct 17, 2024 | 
law360.com | Jacob H. Hupart |Douglas Baumstein |Will McKitterick
By Jacob Hupart, Douglas Baumstein and Will McKitterick ( October 17, 2024, 5:19 PM EDT) -- With the election less than three weeks away, one area worth examining is the potential implication of a second Trump administration on environmental, social and governance initiatives.
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Jun 18, 2024 | 
law360.com | Jacob H. Hupart |Douglas Baumstein |Will McKitterick
By Jacob Hupart, Douglas Baumstein and Will McKitterick (June 18, 2024, 4:28 PM EDT) -- Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, as well as corporations' own interests, there has been a proliferation of public company disclosure and actions regarding environmental, social, and governance factors.... Law360 is on it, so you are, too.
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Apr 22, 2024 | 
mondaq.com | Douglas Baumstein |Jason C. Vigna |Ellen Shapiro |Michael Alario
Last week, the U.S. Supreme Court, in Macquarie
Infrastructure Corporation v. Moab Partners, L.P., held that
omissions of supposedly material information allegedly required to
be disclosed under Item 303 of SEC Regulation S-K are not
actionable as securities fraud under Section 10(b) of the
Securities Exchange Act of 1934 unless the silence renders
affirmative statements misleading.
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Apr 17, 2024 | 
jdsupra.com | Douglas Baumstein |Michael Alario
Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K are not actionable as securities fraud under Section 10(b) of the Securities Exchange Act of 1934 unless the silence renders affirmative statements misleading.
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Apr 16, 2024 | 
natlawreview.com | Douglas Baumstein
Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K are not actionable as securities fraud under Section 10(b) of the Securities Exchange Act of 1934 unless the silence renders affirmative statements misleading.
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Mar 15, 2024 | 
jdsupra.com | Douglas Baumstein |Thomas Burton |Jacob H. Hupart
The Securities & Exchange Commission ("SEC") issued its long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (“Climate Disclosure Rule”), on March 6, 2024. This rulemaking is the first prescriptive regulation on a national scale mandating disclosures of climate-related information by US capital markets participants.
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Jun 12, 2023 | 
jdsupra.com | Douglas Baumstein |Aaron Megar
Last week, the U.S. Supreme Court solidified the “tracing” requirement for private plaintiffs to be able to assert Section 11 claims pursuant to the Securities Act of 1933, holding that plaintiffs asserting such securities fraud claims must show that they own stock that was issued pursuant to an allegedly misleading registration statement—even though such tracing may be impossible in the context of a direct listing.
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Jun 12, 2023 | 
mondaq.com | Jacob H. Hupart |Douglas Baumstein |John Condon |Will McKitterick
I. Introduction
Under the Biden administration, the U.S. Securities and Exchange
Commission ("SEC") has advanced a robust agenda
concerning climate change issues. This has included several policy
proposals, including mandatory climate disclosures and the
establishment of the Climate and ESG Task Force within the
SEC's Enforcement Division. Both of these initiatives have been
widely reported on by the press and analyzed by relevant legal or
industry thought leaders.
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Jun 10, 2023 | 
natlawreview.com | Douglas Baumstein
Last week, the U.S. Supreme Court solidified the “tracing” requirement for private plaintiffs to be able to assert Section 11 claims pursuant to the Securities Act of 1933, holding that plaintiffs asserting such securities fraud claims must show that they own stock that was issued pursuant to an allegedly misleading registration statement—even though such tracing may be impossible in the context of a direct listing.
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Feb 15, 2023 | 
natlawreview.com | Douglas Baumstein
Wednesday, February 15, 2023 In recent years, companies and investment managers have increasingly considered environmental, social, and governance (“ESG”) issues in corporate strategy and decision-making, whether in response to investor pressure or due to self-imposed changes via internal processes. Indeed, a market has developed for ESG-compliant investments over the past few years. And while ESG-focused investing is more popular than ever, the topic has become increasingly politically fraught.
