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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Articles

Summary Outline of SEC’s Proposed Rule on Climate-Related Disclosure and Accounting

By Kevin A. Ewing, Partner, Troy L. Harder, Partner, Charles H. Still, Jr., Partner, and Nathan Guerra, Associate, Bracewell LLP

This article discusses the SEC’s proposed rule on climate-related risks includes amendments to both the financial reporting requirements (Reg S-X) and the narrative disclosure requirements (Reg S-K). The proposal interlinks the new requirements, drawing aspects of the required narrative disclosures into the financial statement.

Articles

ESG Initiatives Face Increased Pressure From Potential Antitrust Challenges

By Lawrence E. Buterman, Paul A. Davies, Kelly Fayne, Sarah E. Fortt, Joshua N. Holian, Betty M. Huber, Charlie Beller, Rebecca Frumento, Austin J. Pierce

A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.

Articles

Global benefits and compensation: Top 10 actions for your 2023 agenda (Eversheds Sutherland)

By Eversheds Sutherland

ESG issues are playing an ever-increasing role in businesses and have an impact right across the employment, retirement benefits, tax, executive compensation and share incentives space. This trend of growing focus is expected to continue into 2023 and beyond. As such, when designing and reviewing compensation and benefit packages, it is increasingly important for companies to do so with its ESG strategy in mind.

Articles

Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

By Seyfarth Shaw

Sharing sensitive data with ChatGPT for work, such as source code and meeting minutes, may be labeled a “data leak” due to fears that ChatGPT can disclose the data to the public once it is trained on the data. In response, many companies took action, such as banning or restricting access, or creating ChatGPT data disclosure policies. This resource from Seyfarth and Shaw discusses the implications of ChatGPT on trade secrets, disclosures, and provides key takeaways to consider with AI tools. 

Articles

OCR Issues Guidance Regarding Disclosures Related to Reproductive Health Care

By Jonathan M. Ishee and Michael J. Paluzzi, Troutman Pepper Hamilton Sanders LLP

In the wake of the US Supreme Court’s decision to overturn Roe v. Wade, the US Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued new guidance to address patient privacy under the Health Insurance Portability and Accountability Act (HIPAA) for those seeking reproductive health care services. This article discusses the guidance, which states that HIPAA allows providers to disclose certain protected health information (PHI), which includes information relating to one’s abortion or other reproductive care, without patient authorization only in specific circumstances that are “narrowly tailored to
protect the individual’s privacy and support their access to health services.”

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