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Directors and Officers Who Fail to Respond to Climate Change May Face Claims – Craig Hirsch and Stephen Wah Author Claims Journal Article

Jun. 20, 2024

In March 2024, the Securities and Exchange Commission adopted rules targeted at enhancing and standardizing climate-related disclosures by public companies and in public offerings. The new rules mandate the inclusion of climate risk disclosures in a company’s SEC filings, including annual reports and registration statements, to increase transparency for investors concerned about climate-related impacts.

In their Claims Journal article, Partner Craig Hirsch and Managing Associate Stephen Wah warn that directors and officers whose companies fail to comply with applicable environmental regulations or fail to consider climate risks and may face personal liability for related financial losses. The attorneys discuss the importance of corporate policyholders taking steps to adequately consider and oversee ESG risks, and how D&O insurance can serve as a backstop for losses arising from climate-related claims, including defense costs and attorneys’ fees to respond to SEC investigations and civil cases.

Read the full article here.

Craig M. Hirsch
Stephen Wah
Managing Associate
Recipient of the Professor John Appel Award and Jacob Burns Medal

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