State - Lawyers pen analysis of new SEC disclosure rules

Miller Canfield's Matthew P. Allen (Troy, Mich.), a principal and business and securities lawyer in the firm's Litigation and Trial Group, and Mark J. Bennett (Troy, Mich.), senior counsel and team leader of the firm's Climate Change practice, recently published their analysis of new interpretations of corporate proxy and disclosure rules by the U.S. Securities and Exchange Commission (SEC) in an article entitled, "SEC Opens the Door for Climate Change-Related Shareholder Proposals and Disclosure Requirements, With Potential New Liabilities for Public Companies," published in the prestigious Bureau of National Affairs' (BNA) Securities Regulation & Law Report.

In the article, Allen and Bennett, along with contributing author and Wayne State University law student, Eric M. Jamison, examine the development of new SEC interpretations of important shareholder proxy and disclosure rules and regulations on climate change, and provide procedural examples of how some shareholders and companies are proceeding under the new rule interpretations. The article also analyzes new and developing climate change disclosure rules and regulations at the state level, including provisions affecting insurance companies and state insurance regulators.

The BNA Securities Regulation & Law Report provides federal and state news and developments in the regulation of securities and futures trading and accounting, with objective coverage of the Securities and Exchange Commission, Commodity Futures Trading Commission, industry, courts, and Congress. The BNA is the largest independent publisher of information and analysis products for professionals in business and government around the nation and the world.

Allen is a business, securities, and intellectual property litigator and trial lawyer who assists businesses and executives in an array of SEC and governmental-related inquiries, investigations and enforcement actions. He is also a skilled appellate lawyer who has handled a variety of cases in the Michigan Court of Appeals, Michigan Supreme Court and U.S. Court of Appeals for the Sixth Circuit. He received his J.D. from Wayne State University Law School, where he served as Editor-in-Chief of the Wayne Law Review, and his B.A. from the State University of New York College at Fredonia. He also served as a judicial law clerk in the United States District Court for the Eastern District of Michigan.

At Miller Canfield, Bennett has combined his dual training in real estate and environmental law into his position as leader of the Climate Change team, managing a broad array of issues in this emerging area of law. His practice also includes a focus on advising clients in the acquisition and development of commercial real estate, as well as guiding companies in conducting environmental due diligence in real estate transactions. He earned his J.D. from Wayne State University Law School and B.A. from Michigan State University.

Miller Canfield's Climate Change team, comprised of lawyers throughout Michigan, as well as in Chicago, New York, Toronto, Mexico and Shanghai, advises clients from a global perspective and uses multi-disciplinary expertise to address and resolve new green issues, including litigation, research and development on carbon finance, renewable-energy corporate formation and green building and sustainable development.

Published: Wed, Mar 24, 2010