Tag Archives: SEC

Four Issues Impacting Public Companies’ Climate Change Disclosures

As President Trump’s administration attempts to dismantle President Obama’s Climate Action Plan, one action may be removing funding from the Securities Exchange Commission (SEC) for enforcement of the 2010 Commission Guidance Regarding Disclosure Related to Climate Change. So, should public companies continue to disclose climate change-driven risks and benefits? Yes – according to the SEC, … Continue Reading

CFTC Proposes Clarification of the Interpretation on Forward Contracts with Embedded Volumetric Optionality

On November 3, 2014, the Commodity Futures Trading Commission (CFTC), along with the Securities and Exchange Commission (SEC), proposed a clarification of its previously issued interpretation concerning the exclusion of forward contracts with embedded volumetric optionality from the “swap” and “future delivery” definitions.  The CFTC seeks to clarify the seven elements previously provided as guidance … Continue Reading

CFTC Modifies “Swap” Definition

On August 13, 2012, the Commodity Futures Trading Commission (“CFTC”) and the Securities Exchange Commission (“SEC”) published an order [PDF] revising in a number of respects the definition of “swap” the commissions had adopted on July 10, 2012, as part of their attempts to implement the Dodd-Frank Act. Of particular interest to the energy industry, … Continue Reading