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At a time when climate change has been referred to by the President of the United States as our “existential crisis,” and investors are pouring trillions of dollars into green, sustainable funds, more and more companies and investment funds are touting their climate and environmental bona fides. In April of this year, Mastercard announced that it was going to link all employee bonuses to meeting ESG (environmental, social and governance) goals. See, “Mastercard (MA) to Tie All Employee Bonuses to Meeting ESG Goals,” Bloomberg (April 19, 2022). Similarly, in March of this year, Goldman Sachs announced that directors at companies in which Goldman invests who fail to provide sufficient climate risk disclosure are at risk of being voted out by Goldman.
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Government Looking Into Insider Trading By Tipping Block Trades
By Michael Miller and Daniel Podair
How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
Individual Liability and Criminalizing Cybersecurity Response
By Jonathan S. Sack and Christopher M. Hurley
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
Repairing the Foreign Agents Registration Act
By Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
SCOTUS Hears Arguments In Doctors’ Good Faith Defense to Prescribing Controlled Substances
By By Robert J. Anello and Richard F. Albert
When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.
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