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Supreme Court to Rule on Seal Rule

Client Alert | less than 1 min read | 06.02.16

The Supreme Court has granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in False Claims Act cases when whistleblowers, in violation of the statute’s requirements, make public the allegations in their complaint while it is under seal and being investigated by the government. The Court will address a split in which circuits have applied (1) a bright-line rule of dismissal, (2) a rule that considers whether the violation frustrates the congressional goals served by the seal requirement, and (3) a balancing test that focuses on whether the violation actually harms the government.

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Client Alert | 3 min read | 09.13.24

SEC Disbands its Climate and ESG Enforcement Task Force

The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules....