S&C Critical Insights

Episode 2: Implications of SEC’s Proposed Climate-Related Disclosure Rules

In this episode of S&C’s Critical Insights, Sarah Payne and Cathy Clarkin discuss greenhouse gas emissions disclosures, an important component of the SEC’s highly anticipated climate-related rule proposals. Sarah and Cathy provide an overview of changes that would occur under the new rules, including the mandated disclosure of Scope 1 and 2 greenhouse gas emissions, even if the emissions are not material to the company, required disclosures on a gas by gas basis, and perhaps most significantly, the requirement that accelerated filers and large accelerated filers have their Scope 1 and 2 emissions data covered by an attestation report.

Episode 1: Implications of SEC’s Proposed Climate-Related Disclosure Rules

In this episode of S&C’s Critical Insights, Jay Clayton and Cathy Clarkin provide an overview of the SEC’s highly anticipated climate-related rule proposals. The newly announced rules would require an expansion to both the breadth and the specificity of climate-related disclosures for both U.S. public companies and foreign private issuers. Jay additionally provides his assessment of the proposed rules, which are a significant departure from the SEC’s traditional materiality-based framework of disclosure and represent a move toward a more prescriptive climate-related disclosure regime.

Implications of the SEC’s New Climate Disclosure Proposal for Financial Institutions

In this episode of S&C’s Critical Insights, Michelle Chen and June Hu discuss the SEC’s new climate disclosure proposal and its implications for financial institutions. 

 

On March 21, the SEC released a comprehensive proposal to mandate climate-related disclosures in SEC reporting companies’ annual reports and registration statements. Michelle and June discuss aspects of the proposed rules that will likely have particular implications for financial institutions, especially in light of the increasing focus from financial regulators on climate-related financial risks, as well as financial institutions’ other obligations that may affect their overall climate strategy. 

 

Click here to read S&C’s memo on the proposed rules and key implications for financial institutions.

 

To watch S&C’s webinar on the SEC’s proposed rules and read additional S&C publications on this topic, click here.

 

Visit us at www.sullcrom.com

Risks of Expropriation or Asset Seizure Impacting Global Investors

On this episode of S&C’s Critical Insights, Stewart Robertson and Andrew Finn discuss the rapidly emerging expropriation and asset seizure risks to foreign companies operating in Russia and around the world. 
 
In response to Russia’s invasion of Ukraine, many multinational companies have announced plans to suspend or otherwise scale back their operations in Russia. Russia’s Parliament is currently considering laws that would allow its government to seize assets of those companies or put them under temporary government management.
 
Stewart and Andrew explore the practical steps companies can take and consider in preparing for this type of possible action.

Visit us at www.Sullcrom.com

U.S. Sanctions Considerations for Virtual Currency Industry

In this episode of S&C’s Critical Insights, Katy McArthur and Tony Lewis discuss guidance from the U.S. Office of Foreign Assets Control (OFAC) on complying with U.S. sanctions in connection with virtual assets. The podcast explores the application of OFAC guidance for U.S. and non-U.S. companies and individuals who participate in the virtual currency industry, as well as recent commentary by other U.S. authorities regarding potential “red flags” for the use of virtual currency by those who may be affiliated with sanctioned Russian or Belarusian entities, especially when those entities or agents of those entities may be attempting to evade sanctions.

An Introduction to Publicity Rights

Mehdi Ansari, co-head of S&C’s Intellectual Property & Technology Transactions Group, introduces the core components of publicity rights, which have become a prominent element in the sports, media, entertainment and consumer products industries. 
 
To learn more about this topic, listen to Mehdi’s full webinar, “Emerging Trends in Publicity Rights.” Mehdi builds on his introduction with an in-depth discussion on topics including post-mortem publicity rights, morals clauses, bankruptcy considerations, international enforcement, and other issues that will affect the future of publicity rights.

Private Securities Litigation: Trends and Emerging Issues

In this episode of S&C’s Critical Insights, Steve Peikin, Jeff Scott and Julia Malkina discuss recent trends in private securities litigation. Steve is the head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Enforcement Division. Jeff and Julia are co-leads of the Firm’s Securities Litigation Practice. The podcast explores numerical trends in securities litigation filings during 2021, the Supreme Court’s decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, state court proceedings post-Cyan, and other developments.

SEC Enforcement: Trends and Practice Guidance

In this episode of S&C’s Critical Insights, Steve Peikin, Jeff Scott and Julia Malkina discuss developments in the SEC’s enforcement priorities. Steve is the head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Division of Enforcement. Jeff and Julia are co-leads of the Firm’s Securities Litigation Practice. They offer practical guidance for handling of enforcement investigations in light of the new presidential administration and recent enforcement trends.

 

Visit us at www.Sullcrom.com

Privacy Considerations When Engaging Vendors in Breach Response

In this episode of S&C’s Critical Insights, Ryan Logan and Daniel Stern discuss privacy considerations that arise when engaging vendors involved in preventing and responding to data breaches. Ryan and Daniel describe the life cycle of an incident, including pre-incident planning, following privacy principles during a breach response and addressing the return or destruction of data at the end of the engagement.

 

Visit us at www.SullCrom.com

2021 U.S. Shareholder Activism in Review and a Look Ahead

In this episode of S&C’s Critical Insights, Melissa Sawyer and Lauren Boehmke analyze trends in shareholder activism from the past year. They explore several key themes, including the increase in public activism during the 2021 proxy season, ESG as a primary activism campaign objective, a rise in settlement agreements, and recent regulatory developments. They also highlight a few trends that are likely to shape this area in 2022 and beyond.

 

For more information about this topic, read S&C’s memo on the Review and Analysis of 2021 U.S. Shareholder Activism and Activist Settlement Agreements.