The Legal Intelligencer | Commentary
By Christopher D. Carusone | January 25, 2022
The Federal Trade Commission (FTC) and state attorneys general regulate how companies advertise the prices of their products. For those companies with a national reach, this complex web of federal and state rules can make it difficult to design a single, persuasive advertising campaign that does not trigger an investigation for deceptive pricing somewhere in the country.
By Linda A. Thompson | January 21, 2022
The EU is expected to propose new sustainable corporate governance legislation that takes into account environmental and human rights concerns. And while it is still unclear exactly what the bill will include, companies around the world are likely to feel the impact. Lawyers say similar bills introduced by individual EU member countries offer clues on what to expect.
New York Law Journal | Analysis
By John C. Coffee Jr. | January 19, 2022
Let us assume for the moment that the SEC can require more than material information (or can convince courts that most ESG disclosures are material). What happens next? Given that the social costs of greenhouse gas emission vastly exceed their private costs to issuers (which is the point at which economists stop), what can lawyers, as specialists in policy engineering, do to bring the two closer to alignment? John C. Coffee Jr. explores these questions in this edition of his Corporate Securities column.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi, Ciro C. Poppiti III and Cheneise V. Wright | January 19, 2022
This year's list focuses, with some exceptions, on the unsung heroes among the many decisions that have not already been widely discussed by the mainstream press or legal trade publications. Links are also provided below to the actual court decisions and longer summaries.
Corporate Counsel | Commentary
By Troy Ayala | January 18, 2022
Remote working models have allowed companies to expand their talent search beyond the usual geographic limitations. But failure to grapple with the resulting tax and jurisdictional issues could lead to problems.
New York Law Journal | Analysis
By Philip Berkowitz and Britney Torres | January 12, 2022
Financial services and other employers have been scrambling to respond to recent mandates and wondering how they interact with laws prohibiting employment discrimination. Philip Berkowitz and Britney Torres review the latest legal developments in this edition of their Employment Issues column.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | January 12, 2022
The Supreme Court held that the trustee should be substituted for the nominal defendant and realigned as the plaintiff in the Chancery Action to enable him to pursue the derivative claims previously asserted by the plaintiff in the Chancery Action.
Delaware Business Court Insider | Commentary
By Michael B. Gonen | January 12, 2022
Because the state Legislature has acted in the intervening time, the decision calls into doubt the validity of certain provisions of Delaware's corporate tax laws.
By Tim Quinson | January 11, 2022
As You Sow spearheaded a study, which was shared with the U.S. Securities and Exchange Commission, that found 60 of 94 ESG funds failed to adhere closely to the principles of environmental, social and governance investing.
By Dave Curran and Brad Karp | January 10, 2022
The past year was a watershed for Environmental, Social and Governance (ESG) issues. Here are the major trends and some strategies for navigating the ESG landscape in the year ahead.
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