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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…
SEC and Large Banks Continue Pushback on Proxy Advisers After JPMorgan
Blog January 29, 2026
SEC and Large Banks Continue Pushback on Proxy Advisers After JPMorgan
…
JPMorgan’s Split With Proxy Advisers: A Harbinger for the 2026 Proxy Season
Blog January 07, 2026
JPMorgan’s Split With Proxy Advisers: A Harbinger for the 2026 Proxy Season
In an industry-first move, the Wall Street Journal reports that JPMorgan Chase’s asset‑management arm has cut all ties with the major proxy advisory firms, effective immediately, according to an internal memo cited by the paper…
White House Weighing Limits on Proxy Advisers and Index-Fund Voting
Blog November 14, 2025
White House Weighing Limits on Proxy Advisers and Index-Fund Voting
As reported by the Wall Street Journal, the White House is considering executive actions that would restrict the influence of proxy advisory firms and index-fund managers…
10 Disclosure Considerations for Public Companies Given Trump’s and DOJ’s Outlook on “Illegal DEI”
Blog March 05, 2025
10 Disclosure Considerations for Public Companies Given Trump’s and DOJ’s Outlook on “Illegal DEI”
As we previously explained, Trump issued a handful of executive orders aimed at eliminating diversity, equity and inclusion (“DEI”) programs and policies within the federal government and encouraged the private sector (including public companies) to follow suit…
SEC Approves Nasdaq’s Proposal to Remove Board Diversity Rules to Align With 5th Circuit’s Mandate
Blog January 28, 2025
SEC Approves Nasdaq’s Proposal to Remove Board Diversity Rules to Align With 5th Circuit’s Mandate
As we previously posted, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules last month, after which Nasdaq indicated that it did not intend to seek further review of this decision…
Nasdaq’s Board Diversity Rules Struck Down by 5th Circuit
Blog December 13, 2024
Nasdaq’s Board Diversity Rules Struck Down by 5th Circuit
On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules. These rules were approved by the SEC on August 6, 2021 and required listed companies to (i) disclose statistical information regarding the diversity of the company's board and (ii) on a phased basis, have, or explain why they do not have, at least two diverse directors on the board of directors…
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…
On the Horizon – What's Next For SEC Enforcement of ESG Priorities?
Blog March 11, 2022
On the Horizon – What's Next For SEC Enforcement of ESG Priorities?
This is the eighth post in this year's series examining important trends in white collar law and investigations. Our previous post discussed trends in False Claims Act enforcement. Up next: trends in Federal Cryptocurrency Enforcement in 2022. Key Takeaways Sensitive to criticism of regulation through litigation, the SEC's Enforcement Division has not pursued cases dealing with cutting edge ESG issues before the SEC decides what…
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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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