Michael Kirwan
Jacksonville
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Articles by Michael Kirwan
SEC Climate Disclosures Rules One Step Closer To The Grave; GHG Emissions Disclosures One Step Closer To Becoming A Multi-State Compliance Issue
The slow death of the Securities and Exchange Commission's (SEC) climate disclosure rules continued on March 27, 2025, with the SEC Commissioners voting to discontinue the defense of such rules before the Eighth Circuit, Iowa v. SEC, No. 24-1522 (8th Cir.), which is where the numerous complaints challenging the rules were consolidated.1 The SEC's action does not withdraw or terminate the rules, but while they remain in place, the SEC's previous stay of the rules continues.
SEC Climate Disclosures Rules One Step Closer to the Grave; GHG Emissions Disclosures One Step Closer to Becoming a Multi-State Compliance Issue | JD Supra
The slow death of the Securities and Exchange Commission’s (SEC) climate disclosure rules continued on March 27, 2025, with the SEC Commissioners voting to discontinue the defense of such rules before the Eighth Circuit, Iowa v. SEC, No. 24-1522 (8th Cir.), which is where the numerous complaints challenging the rules were consolidated.[1] The SEC’s action does not withdraw or terminate the rules, but while they remain in place, the SEC’s previous stay of the rules continues.
Alternative Paths: Court Denies Motion to Dismiss Quiet Hours Provision Claim
Many lawsuits in the past few months have claimed violations of 47 C.F.R. § 64.1200(c)(1) and 47 U.S.C. § 227(c)(2) (the “Quiet Hours Provision”) of the TCPA. Previously, the Quiet Hours Provision saw very few filings, meaning there is currently very little case law interpreting this area of law. On March 28, 2025, the District of New Jersey denied a motion to dismiss a Quiet Hours Provision claim—and potentially gave a preview of how the cases will be adjudicated in a practical manner. In Jubb v.
SEC Climate Disclosures Rules One Step Closer to the Grave; GHG Emissions Disclosures One Step Closer to Becoming a Multi-State Compliance Issue
Skip to main content April 02, 2025 Volume XV, Number 92 Legal Analysis. Expertly Written. Quickly Found.
Church as Sanctuary: Reconstructing Refuge in an Age of Enforced Displacement. By Leo Guardado. Maryknoll, NY: Orbis Books, 2023. xiii + 242 pages. $40.00 (paper). | Horizons | Cambridge Core
Leo Guardado has written a fine, persuasive analysis of the significance of sanctuary as a way of understanding the nature and role of the church challenged by the fact of massive human displacement through political violence. The book opens with the description of his painful sundering from his family as he fled from El Salvador in 1991 on a terrifying journey to the United States.
California's Legislature Pushes Forward With Climate Accountability Bills
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.
California’s Legislature Pushes Forward with Climate Accountability Bills
Skip to main content September 09, 2024 Volume XIV, Number 253 Legal Analysis. Expertly Written. Quickly Found.
SEC Stays New Climate Disclosure Rules
Just as securities lawyers and public company compliance departments finished reading 800 plus pages of an adopting release and determining how the rules apply to numerous public companies, the SEC issued an order today staying the implementation of their climate-related disclosure rules while the 8th Circuit considers the challenges to the validity of the rules.
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.
SEC Adopted Regulations Require Climate Disclosure for Companies
On March 6, 2024, the Securities and Exchange Commission (the “SEC”) adopted regulations[1] 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.
Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule
On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer status and reinstating the prior 2020 regulations. The 2023 regulations had made joint employer status, and its attendant potential liabilities much broader than was the case under the 2020 regulations.
Weekly Bankruptcy Alert March 12, 2024 (For the week ending March 10, 2024)
Chapter 7 Debtor Name Business Type1 Bankruptcy Court Assets Liabilities Filing Date 1 Stop Electronics Center, Inc. (Brooklyn, NY) Retail-Home Furniture, Furnishings & Equipment Stores Wilmington (DE) $100 Million to $500 Million $100 Million to $500 Million 03/07/24 AC Gallery Inc. (Brooklyn, NY) Retail-Home Furniture, Furnishings & Equipment Stores Wilmington (DE) $1,000,001 to $10 Million $50 Million to $100 Million 03/07/24 Buth-Na-Bodhaige, Inc.
CSRD Causing US Companies To Rethink Listing In The EU
In addition to California's AB 1305 climate disclosure law that goes into effect on January 1, 2024, another climate disclosure law is the EU's Corporate Sustainability Reporting Directive (more often referred to as CSRD). This is an extensive climate-oriented disclosure. Most in the US have been focused on the fact that US companies with a certain amount of annual sales in the EU will need to comply beginning in 2028 (reporting 2028 information in 2029).
Tired Of Waiting On The SEC, California Adopts Extensive Climate Disclosure Laws
California recently has passed three climate disclosure laws, with yet another still pending. These new laws are aimed at increasing transparency and consistency in climate-related disclosures, including greenhouse gas (GHG) emission and carbon offset disclosures, and to encourage climate risk mitigation including decarbonization.
Tired of Waiting on the SEC, California Adopts Extensive Climate Disclosure Laws | JD Supra
California recently has passed three climate disclosure laws, with yet another still pending. These new laws are aimed at increasing transparency and consistency in climate-related disclosures, including greenhouse gas (GHG) emission and carbon offset disclosures, and to encourage climate risk mitigation including decarbonization.
Tired of Waiting on the SEC, California Adopts Extensive Climate Disclosure Laws
California recently has passed three climate disclosure laws, with yet another still pending. These new laws are aimed at increasing transparency and consistency in climate-related disclosures, including greenhouse gas (GHG) emission and carbon offset disclosures, and to encourage climate risk mitigation including decarbonization.
The Importance Of ESG For Startups: Pioneering A Sustainable Future
Partners Louis Lehot and Michael Kirwan published an article in Reuters Legal News titled: "The Importance of ESG for Startups: Pioneering a Sustainable Future." Recent headlines show that ESG (Environmental, Social, and Governance) principles are under attack and that the business community may be retreating from adopting such principles. Such headlines are misleading and do not tell a complete story.
The importance of ESG for startups: pioneering a sustainable future
(September 27, 2023) - Louis Lehot and Michael B. Kirwan of Foley & Lardner LLP discuss the benefits of incorporating ESG (Environmental, Social, and Governance) principles into a startup's operations and strategy. Recent headlines show that ESG (Environmental, Social, and Governance) principles are under attack and that the business community may be retreating from adopting such principles.
Corporate Environmental Impact: SEC Proposes Detailed Climate-Related Disclosures
Introduction In response to increasing demand by the investment community over the last dozen years, the Securities and Exchange Commission (SEC) has published guidance calling for greater disclosure by public companies of the risks and costs of climate change on their businesses.
Corporate Environmental Impact: SEC Proposes Detailed Climate-Related Disclosures
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The Game Is In The Name Of The Game−and The Name Of The Game Is ESG: SEC Proposes New Fund Rules To Further Combat
Continuing its focus on ESG practices within the fund industry, the Securities and Exchange Commission released proposed rules on May 25, 2022, that are intended to allow investors to readily discern whether a fund is focused on an ESG strategy and, if so focused, what the fund's goals are and how it is progressing toward such goals.
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...
Securities and Exchange Commission or Securities and Environment Commission? The SEC Proposes New Rules for Climate-Related Disclosures | JD Supra
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...
The Dutch Decision on Shell’s Carbon Emissions – Should U.S. Companies Be Worried? | JD Supra
On May 26, 2021, a Dutch court ordered Royal Dutch Shell Plc (“Shell”) to cut its greenhouse gas emissions by 45% (from 2019 levels) by 2030. Shell had previously pledged to reduce its emissions by 20% (from 2016 levels) by 2030 and to reach net-zero emissions by 2050. The Dutch court held that this commitment was insufficient based on the “very serious threat” that Shell’s carbon emissions pose to Dutch residents.
LoRa Alliance® Achieves Goals to Drive Scale of LoRaWAN® for Massive IoT
Latest News Companies Markets Economy & Forex Commodities Interest Rates Business Leaders Finance Pro.
THE SINKING OF THE MV BETELGEUSE
BY MICHAEL KIRWAN (IRELAND) During the 1960s, ships were being built bigger and bigger and shipping companies in oil transportation soon realised that it would become more economical to move oil between the Persian Gulf and Europe using ultra large crude carrier (ULCC) vessels. These vessels were so large that they were not able to enter most of the coastal ports on the Atlantic Ocean, North Sea and English Channel coast.
SEC Movement on ESG Disclosures: SEC and Investors Enhance Focus on Climate Change and Other ESG Disclosures | JD Supra
It’s no secret that the Biden Administration is focused on environmental justice and climate change issues, as evidenced by the president’s selection of Congresswoman Debra Haaland as Secretary of the Interior and former EPA Administrator Gina McCarthy and former Secretary of State John Kerry as National Climate Advisor and Climate Envoy, respectively.
Beyond Bunny Hugging: ESG, Investor Expectations and Reporting Trends | JD Supra
This paper attempts to provide a definition and context for the term, Environmental, Social and Governance (“ESG”), explain how and why it is used, demonstrate how investors are driving the proliferation of ESG reporting, illuminate how investor reliance on ESG information creates new risks for reporting companies, and suggest steps attorneys can take to help mitigate the risks. This paper also provides a short summary on some hot topics in the ESG world. I. The Evolution of ESG Disclosures A.
In the Shadows of the COVID-19 Pandemic – BlackRock’s ESG Expectations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Is 2020 the Year Sustainable Means Investment-Worthy? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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