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SEC Approves Nasdaq Board Diversity Requirements
The U.S. Securities and Exchange Commission has approved a Nasdaq proposal regarding new listing rules on board diversity, as described in a previous Client Alert, which can be found here . The new rules will require most Nasdaq-listed companies to...
Privilege Dwindles for Data Breach Reports
Data privacy lawyers and cyber security incident response professionals are losing sleep over the growing number of federal courts ordering disclosure of post-data breach forensic reports. Following the decisions in Capital One and Clark Hill , another district court has...
Latest CDC Mask/Testing Guidance Requires Employers to Evaluate Workplace Rules
The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may require some re-routing. In announcing the...
Sustaining the Green Energy Revolution
As greenfield renewable energy developments accelerate in size and volumes, while potential investors begin to rumble about sky-high prices in the renewables secondary market, questions are being asked whether a bubble is forming. We consider (on the back of our...
Don't Panic-Buy Your Cyber Policy: Evaluating New Approaches to Cyber Risk
Panic-buying made a post-pandemic comeback when a critical channel for gasoline, diesel, and jet-fuel was forced shut down in the wake of a ransomware attack. Suddenly, gas became the new toilet paper: a treasured commodity. Upticks in devastating ransomware attacks...
Methane Rule Changes Add Complexity for Oil and Gas Cos.
On June 30, President Joe Biden signed into law a resolution under the Congressional Review Act, or CRA, that disapproved a final rule adopted by the prior administration making significant changes to Title 40 of the Code of Federal Regulations...
Bonuses Tied to Low Injury Rates: Will They Be Unacceptable to Biden's OSHA
In 2016, the Obama-era Occupational Safety and Health Administration (OSHA) issued regulations prohibiting employer retaliation against employees for reporting workplace injuries or illnesses. The regulations' preamble indicated that, under many circumstances, employee bonuses or other incentives tied to low injury...
Cyber Attacks, and What to Do About Them With David Springer
David Springer joins us for a conversation about cyber attacks, cyber security, and how to stay protected from security threats.
Congressional Review Act Resolution Changes both Scope and Effect of EPA's Methane Rule
On June 30, 2021, President Biden signed into law a resolution under the Congressional Review Act (CRA) that disapproved a final rule adopted by the prior administration that made significant changes to 40 C.F.R. Part 60, Subpart OOOOa – the...
President Biden Signs Executive Order that Likely Will Lead to Greater Scrutiny of Data Privacy in Corporate Transactions
On July 9, 2021, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” Data privacy regulations are among 72 other initiatives in the Executive Order aimed at increasing competition through the issuance of agency rules and...
The Benefits of Environmental Compliance Audits
Daniel Pope and Tim Wilkins discuss environmental compliance audits and the impact of the change in administration.
Climate Change
Daniel Pope introduces Bracewell Environmental Law Monitor and talks with Jeff Holmstead about the Biden administration's plans for climate change.
Environmental Justice
Daniel Pope and Kevin Ewing discuss environmental justice, its intersection with racial justice, and new environmental law guidance.
Will Mandated ESG Disclosures Lead to Increased Litigation Risk?
With the Securities and Exchange Commission resolute in its efforts to establish new disclosure requirements related to environmental, social and governance (ESG) risks, companies appear increasingly resigned to some measure of mandatory reporting. But these companies haven’t yet given up...
Supreme Court's Ruling in Goldman Sachs Leaves Open a Path for Securities Fraud Claims Based on Generic ESG Statements
In April, we analyzed whether a corporation’s purely generic public statements on environmental, social and governance (“ESG”) issues could form the basis of a subsequent securities fraud action. At the time, we identified a case pending before the United States...