White Collar & Regulatory Defense
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Our White Collar & Regulatory Defense group has unparalleled experience and expertise, and is among the most respected and successful in the United States. We regularly represent Fortune 500 companies and their executives and boards in connection with investigations by federal and state enforcement authorities, and in courtrooms nationwide. We excel at developing creative and successful strategies and defenses for responding to or preventing government investigations and enforcement proceedings.
Harris Fischman Publishes Article on SEC Greenwashing Requirements in Corporate Counsel
November 1, 2022
Litigation partner Harris Fischman wrote an article on potential implications for future SEC enforcement activity under the agency’s proposed greenwashing disclosure requirements, published in Corporate Counsel on November 1. In the article, “SEC Proposed Greenwashing Disclosure Requirements: The Devil Is in the Details,” Harris outlines the SEC’s proposed new rules around greenwashing—false or misleading claims made by companies about the quality or extent of their ESG efforts—and the various ways in which the rules may result in new enforcement actions.
“At bottom, the proposed rules play an important and useful role in beginning to define with particularity the sorts of ESG-related information that investors may deem to be material,” Harris writes in conclusion. “That said, in some respects the rules may create difficult disclosure calls for certain funds either because of confusing guidance in the rules (e.g., as to what does and does not qualify as an ESG-related factor) or because they will require disclosure of highly detailed and complex metrics that many funds previously have not disclosed (e.g., greenhouse emissions).”