Results for: conflict minerals

En banc opinion of D.C. Circuit upholds American Meat Institute case — what does it mean for the conflict minerals case?

by Cydney Posner Today, the D.C. Circuit issued its en banc opinion in  American Meat Institute v. U.S. Dept. of Agriculture, upholding the mandatory disclosure regulation at issue in that case.   You may recall that this case concerned the USDA’s country-of-origin labeling rule, which AMI argued compelled disclosure in violation […]

Informal SEC staff advice excludes chemical compounds manufactured from 3TG from application of conflict minerals rule

by Cydney Posner This recent comment letter sent to the SEC attempts to memorialize informal telephone conversations between the author, acting on behalf of a number of industry associations, and SEC staff members regarding whether chemical compounds manufactured from 3TG are subject to the conflict minerals rules.  The letter also […]

EY analysis of first year of conflict minerals reporting

by Cydney Posner Ernst & Young has prepared an analysis of the first year of conflict minerals reporting, focused on reporting by S&P 500 companies. Even for companies in the S&P 500, the analysis concludes that “tracing the sourcing of conflict minerals was challenging for these large companies.” According to the […]

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 […]