Regulatory considerations and investor demand for transparency are increasingly important drivers behind Environmental, Social and Governance (ESG) disclosure and reporting frameworks, according to a report issued by The CRE Finance Council (CREFC) based on responses from its members.
- August 01, 2022Paul Bergeron
The question of whether an NFT is a security has come up several times, and United States of America v. Chastain in the Southern District of New York brings the dispute back to the forefront.
August 01, 2022Isha MaratheThe purpose behind the Biden Administration's proposals to seize assets of Russian oligarchs is to punish a specific action by a state actor — Russia's invasion of Ukraine. The proposals, however, do not appear to be limited to this conduct alone and would outlast Russia's invasion. In times of war, it at least arguably may be appropriate to pass laws to expand the executive's authority to address specific hostile conduct. Such laws, however, should end with the conflict.
July 01, 2022Robert J. Anello and Richard F. AlbertIn recent years, federal circuit courts of appeals have set forth somewhat different standards that civil FCA complaints brought by private citizens, known as relators, must meet to satisfy Rule 9(b) — especially regarding whether representative examples of allegedly fraudulent claims must be included in a complaint.
July 01, 2022Michael A. SirignanoConsider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.
July 01, 2022G. Zachary TerwilligerGiven the massive amount of dollars being poured into ESG funds and the SEC's renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies' ESG goals are being relayed to investors.
June 01, 2022Jacqueline C. WolffReal estate executives say the construction of the office of the future is well underway within the legal industry, despite a dip in leasing activity at the beginning of the year. However, there is a shift toward "densification," as firms take advantage of favorable market conditions and make longer-term commitments.
June 01, 2022Jessie YountHow the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
June 01, 2022Michael Miller and Daniel PodairThe Small Business Reorganization Act created a new pathway for small businesses to remain in control of running their businesses, which is the usual reason for choosing to seek relief under Chapter 11, while eliminating many of the reasons that typical Chapter 11 proceedings exhausted the patience, and wallets, of both debtors and creditors.
June 01, 2022By Stuart B. Newman and Steven H. NewmanTo 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.
June 01, 2022Jonathan S. Sack and Christopher M. Hurley











