NGOs react to conflict minerals reports
by Cydney Posner As reported in this WSJ article, nearly 1,300 companies filed Forms SD to report on conflict minerals by the June 2 deadline. The result? Inconclusive. While a number of companies acknowledged their suppliers may have sourced minerals from the DRC or adjoining countries, a “majority of companies […]
Petitions for rehearing en banc filed in conflict minerals cases
by Cydney Posner In the lawsuit filed by the National Association of Manufacturers, U.S. Chamber of Commerce and Business Roundtable against the SEC in connection with the conflict minerals rules, both the SEC and Amnesty International (as Intervenors-Appellees) have filed petitions with the D.C. Circuit requesting a rehearing en banc […]
WSJ reports very few know much about their conflict minerals
by Cydney Posner As noted by the WSJ in this article last week, notwithstanding substantial time and money invested in the process, most companies still have no idea whether the conflict minerals – tin, tantalum, tungsten and gold – in their products originated in the DRC or adjoining countries or […]
No surprise –D.C. Circuit rejects motion for stay of conflict minerals rule
by Cydney Posner In not much of a surprise, the DC Circuit has refused to grant an emergency stay of the conflict minerals rule requested by the National Association of Manufacturers, Chamber of Commerce and the Business Roundtable. See also this article from the WSJ. As a result, the […]
NAM requests stay from appeals court on conflict minerals rule
by Cydney Posner As reported in this article from Reuters, on Monday, the National Association of Manufacturers, Chamber of Commerce and the Business Roundtable petitioned the appeals court to stay the conflict minerals rule. According to the article, the groups filed an emergency request with the court, arguing “that ‘the […]
SEC denies petition for stay of entire conflict minerals rule; stays only portion of rule
by Cydney Posner Today, in response to the request by the National Association of Manufacturers, Chamber of Commerce and the Business Roundtable for a stay of the conflict minerals rule, the SEC issued an order denying the petition for a stay of the entire rule and staying only those portions […]
NAM petitions SEC to stay conflict minerals rule
by Cydney Posner The National Association of Manufacturers, Chamber of Commerce and the Business Roundtable have petitioned the SEC to stay the conflict minerals rule or the Form SD filing deadline pending amendment of the final rule’s disclosure requirements. Action was requested by tomorrow so that, if the petition is […]
SEC finally speaks on conflict minerals decision
by Cydney Posner The SEC has finally issued some guidance in light of the decision of the D.C. Circuit on the conflict minerals case. In essence, the SEC has fashioned a modified rule that requires companies to make the mandated filing on a timely basis without including a statement as […]
WSJ reports SEC preparing to implement almost all of conflict minerals rule
by Cydney Posner As noted in this morning’s thecorporatecounsel.net blog, the WSJ is reporting that the SEC is “preparing to implement the bulk of a ‘conflict minerals’ rule this spring despite a U.S. court ruling that struck down a core provision on free-speech grounds, according to a person familiar with […]
Two SEC Commissioners Speak Their Minds About Conflict Minerals
by Cydney Posner There may be something of an internal battle among the commissioners on what to do about the conflict minerals decision of the D.C. Circuit. You’ll recall that the district court had upheld the rule in its entirety, and that the D.C. Circuit upheld most aspects of the […]
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