Insights & News

European American Chamber of Commerce NY:
You Need to Spot it to Stop it! Managing Greenwashing Risks in the Financial Industry

February 27, 2024
8:30-10:30 a.m. ET

Stradley Ronon
100 Park Avenue, Park House Conference Room, 2nd Floor
New York, New York 10017

There are multiple challenges in the implementation of existing Sustainable Finance related rules both in the EU and the U.S. There will also be a number of new rules that will come into effect gradually over the next three to five years, and ongoing revisions of existing rules.

This fluidity of the rule set creates a complexity that is hard to address let along to monitor effectively. There are however some stable points that could be used as guide for financial market participants, and enterprises in their reporting, fundraising activities, compliance requirements esp. around non-financial reporting.

EU asset managers and US asset managers fundraising in the EU or selling their products in the EU need to stay on top of what is happening between now and the end of the year on both sides of the Atlantic.

Join us for a discussion that will include:

Legal framework

  • EU and SEC disclosure rules: What you need to know about the recommendations of the Task Force on Climate-Related Financial Disclosures [TCFD] and The Taskforce on Nature-related Financial Disclosures [TNFD].
  • What you need to know about the Corporate Sustainability Reporting Directive and what to expect from the SEC in their efforts to enhance and standardize climate-related disclosures.

The challenges to integrate climate risks in corporate reporting

  • Lack of people with the necessary skills
  • Lack of data (geographical data, physical data, historical data, etc.) and high-level regulatory guidance
  • What you need to know about the recommendations of the Task Force on Climate-Related Financial Disclosures [TCFD] and The Taskforce on Nature-related Financial Disclosures [TNFD]

How companies can improve the way they measure and manage climate risks (recommendations of the Taskforce on Climate-related Financial Disclosures and Taskforce on Nature-related Financial Disclosures)

Non-financial reporting

  • SEC rules to Enhance and Standardize Climate-Related Disclosures for Investors
  • EU’s Corporate Sustainability Reporting Directive coming into effect as of next year and its extra territorial impact
  • The International Sustainability Standards Board’s proposal to level up the rest of the world

How private litigants and the U.S. government are targeting greenwashing

  • Private class actions
  • SEC enforcement proceedings
  • Potential DOJ criminal prosecutions

Best practices to navigate greenwashing risks

  • Transparency is key
  • Training of employees, Setting up internal policies and procedures
  • In the disclosure use: comparable and accurate data, clear and simple language, complete and accurate statements in all disclosures, updating disclosures when necessary
  • Do your due diligence (current status, achievability of future claims, transactional impacts, etc.)

SPEAKERS:

  • Steven Feldman, Co-Chair, White-Collar Defense, Internal Investigations & Corporate Compliance, STRADLEY RONON
  • Antoine Peter, Senior Manager, ARENDT
  • Romain Rard, Partner, GIDE
  • Yvonne Bendinger-Rothschild, Executive Director, EACCNY [Moderator]

Related Resources

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