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Articles by Eric Pearson
Delaware Court Of Chancery Provides Amended Section 144 Analysis In Dodiya v. Franklin
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
SEC's Slimmed Down Climate-Related Disclosures Finally Adopted
On March 6, 2024, the Securities and Exchange Commission (the "SEC") adopted regulations1 that will require public companies to file mandatory climate-related disclosures with the SEC beginning in 2026. First proposed in March 2022, the climate-related disclosure rules were finalized after consideration of over 24,000 comment letters and active lobbying of the SEC by business and public interest groups alike.
Seventh Circuit Announces a New Standard for Analyzing Violations of the Ex Post Facto Clause
Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s Ex Post Facto Clause. Laws that are both retroactive and penal run afoul of the Ex Post Facto Clause. Until recently, courts in the Seventh Circuit decided the first prong of that analysis—that is, whether a law was retroactive—by applying a rule adopted in United States v. Leach, 639 F.3d 769 (7th Cir. 2011), and Vasquez v.
Securities And Exchange Commission Or Securities And Environment Commission? The SEC Proposes New Rules For Climate-Related Disclosures
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released a comprehensive set of proposed rules mandating climate-related risk disclosures for public companies (Proposed Rule).1 For some the release marks "an important and long-awaited step forward"2 and a "watershed moment" for financial markets;3 for others it exceeds the SEC's statutory authority and "turns the disclosure regime on its head"4 - and these are just the reactions of the commissioners themselves.5 Despite...
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released a comprehensive set of proposed rules mandating climate-related risk disclosures for public companies (Proposed Rule).1 For some the release marks “an important and long-awaited step forward”2 and a “watershed moment” for financial markets;3 for others it exceeds the SEC’s statutory authority and “turns the disclosure regime on its head”4 — and these are just the reactions of the commissioners themselves.5 Despite...
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