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Article 13/02/2023
The SEC’s proposed rule on climate-related disclosures: Potential concerns for general liability carriers
While many articles have discussed the potential impact of the Security Exchange Commission’s (“SEC”) proposed rule on climate-related disclosures for companies, their management, and professional lines insurers with a focus on financial disclosures, there are also areas of concern for general liability insurers. The rule will essentially be the first time the SEC will require companies to formally report about climate change risks when they make public filings.
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Report 13/07/2022
Rewriting the risk: Addressing the challenge of climate change
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
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Report 28/02/2022
Causing climate change…a new tort? A cross-jurisdictional review
Following the New Zealand Court of Appeal decision of Smith v Fonterra Co-operative Group Limited [2021], Kennedys experts in New Zealand, Australia, the United Kingdom and United States provide a cross-jurisdictional review of the risk of this potential new tort also emerging in their respective countries.
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News 19/01/2022
Who's Who Legal recognises 22 Kennedys lawyers as Global Leaders in 2022 guides
In the latest edition of Who’s Who Legal’s annual global Transport and Professional Negligence guides, 22 Kennedys lawyers have been recommended as ‘Global Leaders’ across eight countries (Belgium, France, Peru, Singapore, Spain UAE, UK, and the US).
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Article 15/09/2021
How the first federal Appellate decision assessing COVID-19 business interruption claims may impact similar cases going forward
Since the beginning of the coronavirus pandemic, almost 2,000 lawsuits have been filed in federal and state courts throughout the United States by policyholders affected by the public health crisis. In the vast majority of these cases, business owners have sought coverage under commercial property policies for losses arising out of interruptions caused by local and state-wide shutdowns.
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Article 01/07/2021
Professions and Financial Lines Brief July 2021: environmental social governance market insights
A summary of ESG developments, including two perspectives of the impacts of Milieudefensie et al v Royal Dutch Shell plc [26.05.21] on financial institutions and insurers – one from the UK and one from the USA; the latest update on sustainability reporting; and the Department for Business, Energy and Industrial Strategy proposals to strengthen the UK’s framework for corporate governance.
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Article 30/06/2021
Storm clouds ahead: The US Supreme Court sidesteps issues relevant to ESG and climate change, while international and other pressures on corporate and D&O disclosures continue to mount
The US Supreme Court is trying its best to sidestep any material rulings on climate change decisions in view of its recent BP P.L.C. et al. v. Mayor and City Council of Baltimore decision and its refusal to review the Chevron Corp. v. City of Oakland, California case, wherein the Ninth Circuit held that climate change cases against large oil companies belong in state court.
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Article 03/02/2021
Why D&I matters to D&O: exposures from diversity-driven lawsuits
A combination of recent events has forced issues of diversity and inclusion onto the boardroom agenda. As a result, company boards now face increased scrutiny from the public, regulators, legislators and shareholders alike. If well-established benefits of having a diverse workforce are not enough to make companies enact change, the increasing threat of expensive D&O litigation and new legislative initiatives could well be.
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Article 26/05/2020
Financial institutions feeling direct pressure to address climate change concerns
Since our last article on climate change considerations, perception has moved to a recognition that climate risks affect all sectors, including financial institutions.
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Article 12/02/2020
Potential D&O risks arising from corporate social responsibility
This article looks at the concept of corporate social responsibility and the benefits of companies taking such positions; corporate accountability when such positions are asserted, including potential risks given the current litigation climate, as well as the political, economic and social environments; and potential issues underwriters and claims handlers should consider when insuring companies that take more active positions on social responsibility.