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Public Companies & the Law

The issues facing public companies change rapidly. Our Public Companies & the Law blog helps companies and their management, board members and in-house counsel stay one step ahead. 

SEC Proposes Full Rescission of Climate-Related Disclosure Rules
Blog June 01, 2026
SEC Proposes Full Rescission of Climate-Related Disclosure Rules
The Commission’s May 2026 proposal to withdraw its landmark climate disclosure regime marks a decisive shift in federal ESG rulemaking—with significant strategic implications for public companies, investors, and legal counsel navigating a fragmented disclosure landscape…
Stay of SEC’s Climate Rules Lifted (for now)
Blog March 26, 2024
Stay of SEC’s Climate Rules Lifted (for now)
The court-ordered stay of the SEC’s new climate rules (discussed in our prior post here) has been lifted, at least for the time being…
Federal Court of Appeals Stays SEC Climate Rule
Blog March 19, 2024
Federal Court of Appeals Stays SEC Climate Rule
On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors. While similar litigation is pending in other jurisdictions, the Fifth Circuit was the first to rule, issuing a one-sentence order imposing the stay only nine days after the rules were adopted…
Anticipating the U.S. Securities and Exchange Commission's ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game
Blog August 21, 2023
Anticipating the U.S. Securities and Exchange Commission's ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules intended to create a consistent, comparable, and reliable source of information regarding climate change impacts and sustainability efforts to inform and protect investors while facilitating further innovation in this evolving area. The SEC's proposed new rules have…
California's Senate Passes Ambitious Climate Disclosure Mandate—Will it Survive the State Assembly?
Blog June 20, 2023
California's Senate Passes Ambitious Climate Disclosure Mandate—Will it Survive the State Assembly?
While the U.S. Securities and Exchange Commission (“SEC”) has been working on its climate disclosure rulemaking for the past 15 months, the California legislature may end up beating it to the punch.  The SEC first announced its proposed rulemaking to require certain businesses to include climate-related disclosures in their registration statements and periodic reports in March 2022, but the rulemaking process has been slow in light of strong resistance from various stakeholders…
Shareholder Activism or Divestment? The Massachusetts Pension Fund Chooses Activism
Blog March 11, 2022
Shareholder Activism or Divestment? The Massachusetts Pension Fund Chooses Activism
The Boston Globe reported yesterday that the Massachusetts Pension Reserves Investment Management Board approved investment guidelines that would have the Board vote against directors of companies in which the Board invests where the company does not have a plan to reach net zero carbon emissions by 2050.  As the Globe notes, there is something of a debate among climate activists whether it is better to support divestment or the kind of activism represented by the Board's action yesterday…

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We know that the issues facing public companies change rapidly, and we cover the topics that we know are on the minds of management, board members and in-house counsel. Attorneys from Foley Hoag’s Capital Markets practice provide updates on new and proposed regulations, analysis of interpretive guidance, best practices on governance issues as well as reminders on disclosure and compliance obligations that will keep you on track.

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