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Environmental Risks: Weighing the Importance of Climate Change Disclosures

by Amy I. Stickel Counsel to Counsel Magazine To disclose, or not to disclose? For many companies today, that is the question-at least, that is the question when it comes to disclosures about potential climate change and greenhouse gas (GHG) emissions liability as part of their securities reporting...

So You Think Your Compensation Is Private - Not If You Are an Executive for a Government Contractor or Subcontractor that Earns Substantial Income from Federal Projects

By: Mike Sterling A new interim rule, effective July 8, 2010, amends the Federal Acquisition Regulations (FAR) to implement section 2 of the Federal Funding Accountability and Transparency Act of 2006 and Government Funding and Transparency Act of 2008, which requires the Office of Management of...

Transparency is Good

Everyone should read the new report released by Good Jobs First . The report examines how states disclose tax incentives and other economic subsidies. I think tax incentives and subsidies are bad policy. But whether you agree or not from a policy perspective, disclosure of special deals is essential...

SEC Proposed Rules Regarding Third-Party Due Diligence Disclosure

On June 8, 2011, the Securities and Exchange Commission (the "SEC") issued a release1 (the "Proposing Release") describing proposed rules (the "Proposed Rules") implementing the portion of Section 932 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the...

Ceres and a Series of Serious Thoughts about the NAIC Climate Disclosures - Part I

By J. Wylie Donald, Partner, McCarter & English Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part II

By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures. We address today the second recommendation in Climate...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part III

By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have looked at the first two Recommendations to Regulators...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - A Three Part Series

Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through the disclosures of 88 insurance companies and offer thoughtful...

Public Companies Must Disclose Cyber-Liability Risks

By Rene Siemens and David Beck , Attorneys, Pillsbury Winthrop Shaw Pittman LLP If you thought you did not need cyber insurance before, Uncle Sam may cause you to think otherwise. On October 13, 2011, the Securities and Exchange Commission ("SEC") Division of Corporation Finance issued...

Judge Properly Excluded Testimony of Undisclosed Witnesses at Trial: Cal. Comp. Cases April Advanced Postings (4/18/2012)

Here’s the fourth batch of advanced postings for the April 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Ace American Insurance Company (insurer for Waste Management...

Two Actions Against Investment Advisers

The Commission filed two settled administrative proceedings this week against investment advisers. Each centered on the disclosures made to clients. One involved advertisements while the other involved the fees charged. The first named as a respondent BTS Asset Management, Inc., a registered investment...

Governor Brown says he wants to reform Proposition 65, but where's the beef?

Governor Brown has announced he intends to reform California's Proposition 65. However, no detailed legislative language has been proposed, only an announcement about the California Environmental Protection Agency (the parent of the Office of Environmental Health Hazard Assessment which administers...

Holy Mau: A New Kind Of Chinese Drywall Claim

Chinese drywall -- litigation over the smell of a rotten egg, er, rolls on. There has been lots of coverage litigation over the past few years concerning various issues associated with Chinese drywall. But last week’s decision in Chartis Property & Casualty Company v. Jassy, No. 12-2087 (M...

Preparing for Exit: Will Your Environmental Liability Disclosures Comfort a Buyer?

The following post is provided by our guest author, Graham Crockford from TRC Environmental Corporation. Graham can be reached at gcrockford@trcsolutions.com . Our firm is often retained to assist companies evaluate environmental risk/liabilities during acquisitions and divestitures. Whether a company...

Are Brady Violations Epidemic?

Judge Alex Kozinski (Wikipedia here ), of the Ninth Circuit, has a blistering dissent to the denial of rehearing en banc in an alleged Brady violation case. Brady v. Maryland , 373 U.S. 83 (1963), here , [ enhanced version available to lexis.com subscribers ], see also Giglio v. United States , 405 U...

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Lawsuit Seeks To Compel U.S. EPA Disclosure Of Pesticide Inert Ingredients

By: Steven M. Siros On March 5, 2014, several environmental groups filed a lawsuit against U.S. EPA seeking to compel the public disclosure of "inert" ingredients in pesticide products. Under the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), pesticide manufacturers...

It’s Always A Good Time To Review the Massachusetts Lead Paint Law Disclosure Requirements

Fraught with liability and danger, the Massachusetts Lead Paint Law is always a hot topic for Massachusetts residential real estate professionals. Fortunately for us, my colleague Attorney Marc Canner recently gave a seminar on the Lead Paint Law in which he prepared a very helpful Frequently Asked Questions...

New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies

New York, NY (August 5, 2014) -- The Appellate Division of the Supreme Court of New York, First Department reaffirmed on July 31, [ enhanced version available to lexis.com subscribers ], that several insurance companies providing insurance coverage to TransCanada cannot claim attorney-client privilege...

New SEC Climate Disclosure Search Tool

Ceres and CookESG Research have launched a new search tool allowing easier access to companies' climate change-related disclosures to the U.S. Securities Exchange Commission (SEC). The SEC Climate Disclosure Search allows searching by year, company, ticker, industry group or stock index as well as...

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How WIll New FINRA Rules Affect EB-5?

Payments to Unregistered Persons SEC Approves Consolidated FINRA Rules 2040 (Payments to Unregistered Persons) and 0190 (Effective Date of Revocation, Cancellation, Expulsion, Suspension or Resignation), and Amendments to FINRA Rule 8311 (Effect of a Suspension, Revocation, Cancellation, or Bar) ...

TRID Rules Expected To Delay and Disrupt Closings

Major Change To Current Practices | Expect Delays and Bumpy Road Starting Oct. 1 I just finished yet another closing where a national lender issued the closing package and HUD approval the morning of the closing, and worse, issued a revised TIL (Truth in Lending) disclosure during the middle of the...

Insurance for Emerging Companies: Understanding the Insurance You Have

Our Insurance Recovery Group is often asked to help emerging companies understand their insurance program and assist with claims. This is the first in a series of posts that will address the insurance issues impacting growing companies. The series will cover everything from how to analyze the coverage...

NAIC Summer 2015 Meeting: ORSA and Confidentiality

The Summer 2015 Meeting of the National Association of Insurance Commissioners (the “NAIC”), which concluded on August 18, saw further developments on issues that Duane Morris has been following . This Alert discusses the controversy over confidentiality of the details of the reports required...