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The Future of the SEC's Climate Change Disclosure Rules If Regulatory Polices Are Reversed
Everyone realizes that a Trump victory will likely trigger major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules (currently stayed before the U.S. Court of Appeals for the Eighth Circuit) may be abandoned by a Trump SEC. Alternatively, enforcement actions may just not be brought.
Does this mean that the strategy of using disclosure regulation to prod managements to more seriously examine and curtail greenhouse gas (GHG) emissions will come to a quiet sad end? Not necessarily! Rather, the torch could be passed to a new champion. Who would that be? As discussed below, the most plausible candidate is the state of California (which almost certainly will not vote Republican in this year's election). Why is California likely to lead the way and be the principal target of business community opposition in the near future? The answer lies in three statutes that the state of California passed in late 2023, all of which substantially exceed the scope of the SEC's final climate disclosure rules.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.