Resource Library

While issuers continue to commit to sustainability/ESG objectives, for the first time since sustainability-linked bonds (SLBs) emerged, certain SLB issuers missed their sustainability targets in 2022 and early 2023. Further, market participants have recently expressed concerns about other SLB issuers in danger of not hitting their SPTs and, in general, about the credibility of SLBs in light of issuer ambitions and incentives to achieve sustainability targets. Issuers should consider the ambitiousness of their sustainability targets, any challenges in achieving the targets on schedule, and how they will prove their progress. In this resource, Latham & Watkins provides 10 takeaways relating to these developments for potential SLB issuers and their underwriters.

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.

If the US national debt reaches the limit set by the US Congress, a question would arise whether there is a risk that the United States might default on its obligations. With this curated selection of resources, learn about the implications in terms of disclosures for public companies, the impact on government contractors, and other issues.

International Comparative Legal Guide - Cartels & Leniency 2024 covers common issues in cartels & leniency laws and regulations across 18 jurisdictions.

This article discusses how President Biden's Executive Order on artificial intelligence and follow-up actions by federal agencies will impact federal risk-management practices, likely serving as a model for AI risk management by private-sector employers.

A link to the US Securities Exchange Commission's EDGAR database, which includes filings of agreements and plans of mergers.

This article covers the Swedish Parliament's adoption of a legislative act allowing for the screening of foreign direct investments (“the FDI Act”) which will make certain investments subject to mandatory notification and suspension. The FDI Act will have a significant effect on investments and M&A transactions closing on or after 1 December 2023.

This article discusses the potential impacts of two proposals by the European Commission - a Council Directive on Business in Europe - Framework for Income Taxation (BEFIT) and a Council Directive on transfer pricing.

If adopted by the European Council (the Council), the new Directives will significantly impact the taxation of businesses within the EU.

This article discusses the EU Council and Parliament September 2023 announcement that they have provisionally agreed to new rules to specifically prohibit certain types of misleading green claims.

By December 1, 2023, all companies listed on the NYSE or Nasdaq must adopt clawback policies that comply with listing standards mandated by the SEC (the SEC Clawback Rules). This requirement to adopt new compliant clawback policies applies to all US-listed companies, including listed foreign private issuers (FPIs). Latham & Watkins attorneys have prepared this FAQ to offer practical advice for listed companies implementing compliant policies.