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- Corporate DEI Policies Face Scrutiny Following Affirmative Action Decision
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Topics Panel Section
Reducing the Risk of ‘Greenwashing’ Litigation
Businesses can reduce the risk of greenwashing suits by ensuring they can support claims on the front label and that any caveats are prominent. Back-of-the-package caveats and disclaimers are disfavored by courts.
Investigations for Self-Disclosure Should Be Independent of DOJ
When interviewing employees about possible misconduct with an eye to corporate self-disclosure, companies should avoid taking substantial direction from the DOJ, as that could provide a Fifth Amendment defense to employees facing criminal charges.
Businesses can reduce the risk of greenwashing suits by ensuring they can support claims on the front label and that any caveats are prominent. Back-of-the-package caveats and disclaimers are disfavored by courts.
When interviewing employees about possible misconduct with an eye to corporate self-disclosure, companies should avoid taking substantial direction from the DOJ, as that could provide a Fifth Amendment defense to employees facing criminal charges.
This edition offers insights on, among other topics, recent U.S. court decisions relating to arbitration, key arbitration developments in Brazil and French court proceedings related to an investment treaty arbitration.
Our reference guide to the SEC’s new Private Fund Adviser Rules includes a detailed summary of the new requirements (along with commentary derived from the SEC’s adopting release) to provide interpretative guidance for investment advisers and private fund advisers.
Latin America Dispute Resolution Update – September 2023
This edition offers insights on, among other topics, recent U.S. court decisions relating to arbitration, key arbitration developments in Brazil and French court proceedings related to an investment treaty arbitration.
A Practical Guide to Interpreting the New SEC Private Fund Adviser Rules
Our reference guide to the SEC’s new Private Fund Adviser Rules includes a detailed summary of the new requirements (along with commentary derived from the SEC’s adopting release) to provide interpretative guidance for investment advisers and private fund advisers.
Latest From Skadden
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SEC Staff Issues Additional Pay-Versus-Performance Compliance & Disclosure InterpretationsSeptember 29, 2023
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Skadden Discusses Corporate DEI Policies After SCOTUS Affirmative Action DecisionSeptember 29, 2023
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DOJ Previews M&A-Focused Guidance on Voluntary Self-Disclosure of Corporate MisconductSeptember 28, 2023