Climate Change Financial Risk Disclosure: Emerging Trends
Strategies to Meet Heightened Shareholder Demands and Corporate Reporting Requirements
NY AG settlements may set new standard for environmental risk reporting
Recording of a 90-minute CLE webinar with Q&A
This seminar will examine the climate change risk that companies must disclose in SEC filings and to shareholders, the settlement agreements reached by Xcel and Dynegy and the Office of the New York Attorney General regarding such disclosures, and best practices for meeting disclosure requirements.
- Disclosure under the current regulatory environment
- SEC’s materiality standard
- Requirements relating to material contingent liabilities
- Regulation S-K line item disclosure requirements
- Treatment of environmental liabilities on company balance sheets
- Rule 408(a) of the Securities Act of 1933
- Xcel agreement – a model for other companies?
- Analysis and disclosure of material financial risks associated with existing (and future) laws and regulations relating to GHG emissions
- Analysis and disclosure of materials financial risks from litigation and court decisions related to climate change that will have a financial effect on the business
- Analysis and disclosure of material financial risks from the physical impacts associated with climate change
- Strategic analysis of climate change financial risks and emission management
- Best practices for meeting disclosure requirements
- Factors to consider when re-evaluating environmental disclosures
- Analyzing current and existing laws that apply to a business and its operations
- Monitoring court decisions more closely
- Assessing the physical impacts of climate change and other environmental matters
- Protecting competitively sensitive information
The panel will review these and other key questions:
- What climate change risks are companies required to disclose under current state and federal laws and regulations?
- What can companies and counsel learn from the NY Attorney's General's investigations and settlements with companies regarding climate risk disclosures?
- When does climate change risk constitute new "material" risks and opportunities for companies that requires reporting under current SEC regulations?
- What steps can companies and counsel take to minimize the risk that more extensive disclosures will expose them to civil litigation?
Jeffrey A. Smith
Cravath Swaine & Moore
His practice encompasses environmental matters relating to financings, underwritings and mergers and acquisitions in... | Read More
His practice encompasses environmental matters relating to financings, underwritings and mergers and acquisitions in all industries. He counsels on environmental issues of interest to the SEC. He also counsels on environmental management, climage change and related corporate governance issues, shareholder relations involving environmental matters and environmental litigation.Close
Scott D. Deatherage
Thompson & Knight
He leads the Climate Change and Renewable Energy practice and advises on climate change and greenhouse gas legislation... | Read More
He leads the Climate Change and Renewable Energy practice and advises on climate change and greenhouse gas legislation and the effect on corporate strategy to manage risks and leverage opportunity. He is experienced in drafting environmental disclosure statements for Securities and Exchange Commission documents and assessing the impact of the Sarbanes–Oxley Act on such disclosures.Close
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