With the uncertainty plaguing the ultimate status of the SEC’s climate disclosure rules on the federal level (we reported on the most recent developments in The SEC Votes to “End its Defense” of Climate Change Rules and SEC Asks Court to Put Climate Change Litigation on Hold), a number of U.S. states have continued
Public Companies
The Recently-Announced U.S. Tariffs Followed By a 90-Day Pause: Frequently Asked Questions
By Frank Zarb on
These “frequently asked questions” explain tariffs at a basic level, the Administration’s recently-announced new tariffs, its announced a 90-day “pause” on certain of the new tariffs, and how the new tariffs will impact U.S. companies.
We start with the basics below, then address what we currently believe is happening and what the near-term future…
Proskauer Hedge Fund Trading Guide — Chapter 4: Stock Acquisitions: Key Requirements and Timing Considerations of Hart-Scott-Rodino
By John R. Ingrassia on
Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It is written not only for lawyers, but also for investment professionals, support staff and others interested in gaining a quick understanding of the recurring trading issues we tackle for clients, along with the solutions and analyses we have developed over our decades-long representation of hedge funds and their managers.
CSRD and CSDDD Officially Delayed, With Huge Majority of MEPs in Support
By John Verwey, Rachel Lowe, Sulaiman Malik & Michael Singh on
On 3 April 2025, the European Parliament voted to postpone the implementation dates for corporate sustainability due diligence and reporting requirements, as the first step in the European Commission’s “Omnibus” simplification package to reduce administrative requirements of companies and aimed to bolster the competitiveness of the European Union. With 531 votes for, 69 against and…
The SEC Votes to “End its Defense” of Climate Change Rules
By Frank Zarb & Louis Rambo on
As previously reported, SEC Asks Court to Put Climate Change Litigation on Hold, the SEC had asked the court to suspend litigation in the U.S. Court of Appeals for the 8th Circuit challenging its new climate change disclosure rules. Last week, the Commission announced that it had voted to “end” its defense of…
European Council Greenlights First Step of Omnibus – The ‘Stop-the-clock’ Proposal
By John Verwey, Rachel Lowe, Michael Singh & Sulaiman Malik on
On 26 March 2025, the European Council approved its position, known as a “negotiating mandate”, on a key element of the European Commission’s proposal to streamline corporate sustainability requirements which are captured in an “Omnibus”. Specifically, they approved a delay to the current timetable of the Corporate Sustainability Reporting Directive (“CSRD”)…
SEC Asks Court to Put Climate Change Litigation on Hold
By Frank Zarb & Louis Rambo on
As previously reported in our last post, The Fate of the New U.S. Climate Change Rules Under the New Republican Administration, legal challenges to the SEC’s rules mandating extensive new climate change disclosure is ongoing in the 8th Circuit U.S. Court of Appeals, and has been fully briefed and awaiting oral arguments.
Today…
Proskauer Hedge Fund Trading Guide – Chapter 3: Special Issues under Sections 13(d) and 16 for Hedge Funds
By Frank Zarb & Louis Rambo on
Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It is written not only for lawyers, but also for investment professionals, support staff and others interested in gaining a quick understanding of the recurring trading issues we tackle for clients, along with the solutions and analyses we have developed over our decades-long representation of hedge funds and their managers.
The Corporate Transparency Act: The Government Appeals Preliminary Injunction. What To Do Now?
The Corporate Transparency Act (CTA) requires all corporations, limited liability companies, limited partnerships, and many other entities created or registered to do business in any U.S. state to file a beneficial ownership interest report (BOI Report) with the U.S. Financial Crimes Enforcement Network (FinCEN). The BOI Report includes the ultimate beneficial owners of the entity…
On Procedural Grounds, the 5th Circuit Rules In SEC’s Favor On A Shareholder Proposal; Looking Ahead to Shareholder Proposals Under the Incoming Republican Administration
By Frank Zarb & Louis Rambo on
Last month, the 5th U.S. Court of Appeals ruled in the SEC’s favor in a lawsuit brought by the National Center for Public Policy Research (the “Center”). The Center had submitted a shareholder proposal to The Kroger Company seeking to address what the Center described as “blatant leftwing actions” and seeking a report on…