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SEC Continues Its Focus on Executive Compensation
In its latest move to press for stronger regulation of executive compensation, on November 29, 2021, the U.S. Securities and Exchange Commission announced staff accounting guidance on share-based executive compensation awards while the company is in possession of “positive” material...
Under the Sea: Congress Amends OCSLA to Provide for Offshore CCS
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15, 2021, amends the Outer Continental Shelf Lands...
What In-House Counsel Need to Know About Managing Environmental, Social and Governance Issues
Rachel Goldman and David Shargel presented “ESG Fundamentals for In-House Counsel – What In-House Counsel Need to Know About Managing Environmental, Social and Governance Issues” virtually to members of In-House Connect. In-House Connect is an in-house counsel network that brings...
2021 Year-in-Review – U.S. State Privacy Legislation
The COVID-19 pandemic has rapidly accelerated our reliance on digital services and platforms, which brings new challenges and expectations for data privacy. But, to date, there has been little movement towards all-encompassing federal privacy legislation. Therefore, the issue of consumer...
FINRA's Eileen Murray Defends Increased Regulation of ESG
In a recent interview with CNBC, FINRA Chair Eileen Murray forcefully made the case for increased government regulation of environmental, social and governance (ESG) disclosures by public companies. Citing concerns with the lack of ESG accountability, consistency and transparency, Murray...
ESG Regulatory Landscape Creates Commercial Pitfalls
With Environmental, Social and Governance (ESG) issues top of mind in almost every industry, including at the recently concluded COP26 climate change conference in Glasgow, the burgeoning US regulatory landscape and accompanying litigation trends are giving rise to a variety...
The SEC Joins DOJ's War on Corporate Offenders
Last week we wrote about the three-pronged attack that the Department of Justice (DOJ) will use to get more aggressive in prosecuting cases and how they punish corporate offenders. Now, the U.S. Securities and Exchange Commission (SEC) has announced its...
DOJ's Torpedoes Are in the Water: Be Your Own Monitor, or One Will Be Appointed for You
Last week, at a gathering of the nation’s top white collar criminal defense attorneys in Miami, Florida, Deputy Attorney General Lisa Monaco announced material changes to the way the Department of Justice will investigate, prosecute and resolve corporate cases in...
SLLs – Greenwash or Not?
The issue of climate change and sustainability has become an existential question for hydrocarbon companies with climate change and ESG pressures severely impacting access to capital for independent E&P companies. The global pandemic has unquestionably accelerated the energy transition and...
2021 ESG Seminar, Session 2
This is part two of a two-day virtual seminar where our multi-faceted and multi-disciplinary ESG practice team offer another informative and timely presentation on legal trends in Environment, Social, and Governance (ESG) issues. Topics include: SEC Disclosure Update - Troy...
2021 ESG Seminar, Session 1
This is part one of a two-day virtual seminar where our multi-faceted and multi-disciplinary ESG practice team offer another informative and timely presentation on legal trends in Environment, Social, and Governance (ESG) issues. Topics include: A Look Into the Intersection...
Financing ESCO Energy Efficiency Projects
The project financing of energy efficiency projects is gaining traction, fueled in part by the embrace by the business community – including lenders – of sustainability policies and the adoption of environmental, social and governance (ESG) standards and goals as...
Cybersecurity and Infrastructure with Phil Bezanson and Seth DuCharme
On this episode of Environmental Law Monitor, host Daniel Pope is joined by guests Phil Bezanson and Seth DuCharme look at cyber attacks and cyber security. Seth is a Bracewell partner and and draws on his experiences serving as the...
New Federal Guidance Broadly Construes President's Executive Order Requiring Vaccination and Other COVID-19 Mitigation Measures for Many Federal Contractors
This past Friday, September 24, 2021, the White House “Safer Federal Workforce Task Force” issued Guidance construing President Biden’s September 9 Executive Order concerning required COVID-19 vaccination and other safety protocols for certain federal contractors. Consistent with the general approach...
ICLG: UK Renewable Energy Law and Regulations 2022
United Kingdom 1. Overview of the Renewable Energy Sector 1.1 What is the basis of renewable energy policy and regulation in this jurisdiction and is there a statutory definition of ‘renewable energy’, ‘clean energy’ or equivalent terminology? The Promotion of...