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Sidley Austin LLP | USA | 20 May 2022

Second California Law Mandating Specific Number of Underrepresented Board Members Struck Down as Unconstitutional

For the second time, there has been a successful challenge to the constitutionality of California law requiring increased diversity on boards of…
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Bryan Cave Leighton Paisner LLP | Russia, USA | 20 May 2022

SEC Guidance: Disclosure Obligations Stemming from Russia’s Invasion of Ukraine

On May 3, 2022, the SEC’s Division of Corporation Finance (“CorpFin”) issued guidance reminding companies with disclosure obligations under U.S…
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Sidley Austin LLP | USA | 20 May 2022

Federal Appeals Court Holds SEC Administrative Proceedings Are Unconstitutional

On May 18, 2022, a split panel of the U.S. Court of Appeals for the Fifth Circuit held in Jarkesy v. SEC that Securities and Exchange Commission (SEC…
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Skadden Arps Slate Meagher & Flom LLP | USA | 19 May 2022

Ninth Circuit Enforces Exclusive Forum Bylaw in Derivative Suit Asserting a Section 14(a) Claim, Creating Split With Seventh Circuit

On May 13, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a corporate bylaw requiring stockholders to bring derivative claims in the…
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Cooley LLP | USA | 19 May 2022

Corp Fin feels the pinch—will the new budget alleviate the problem?

In testimony this week before the Subcommittee on Financial Services and General Government of the House Appropriations Committee, SEC Chair Gary…
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Loeb & Loeb LLP | USA | 19 May 2022

Crypto, Blockchain and the Promise of Web3: Managing the Risk in Emerging Technologies

Blockchain-based Technologies like cryptocurrencies, utility and non-fungible tokens, and decentralized networks are demanding more attention than…
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Steptoe & Johnson LLP | USA | 19 May 2022

Green Finance and ESG: UK Government Investigates the Role of Scope 3 Emissions

The value of reporting on scope 3 greenhouse gas emissions as decision-useful information in capital allocation is one of the hottest ESG issues in…
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Sidley Austin LLP | USA | 19 May 2022

SEC Brings First Enforcement Action Over ESG Disclosures

In late April, the U.S. Securities and Exchange Commission (SEC) brought its first enforcement action over alleged false and misleading claims made…
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Robins Kaplan LLP | USA | 19 May 2022

Inflation-Battered Retailers Spur Vast Market Selloff

Falling retail profits and lowered forecasts for the year to come helped drive a mega midweek selloff on Wall Street, as “stocks had their worst day…
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K&L Gates LLP | USA | 19 May 2022

Vale's ESG Disclosures Lead to Regulatory and Shareholder Litigation

On 28 April 2022, the Securities and Exchange Commission (SEC) filed suit against Vale S.A. (Vale), a publicly traded Brazilian mining company and…
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