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To Recuse or Not to Recuse: OGE Updates Guidance

Client Alert | 1 min read | 07.26.16

On July 26, 2016, the Office of Government Ethics issued a final rule updating the Standards of Ethical Conduct for Employees of the Executive Branch, subpart F, “Seeking Other Employment” (5 C.F.R. 2635), to clarify recusal requirements. Recusals are required when the scope of the federal employee’s duties has a “direct and predictable” effect on the financial interest of an entity with whom the employee is either negotiating prospective employment or with whom the employee has any agreement concerning prospective employment, and the final rule also adds a new section to implement the statutory notification requirements under section 17 of the STOCK Act, which applies to individuals required to file public financial disclosure reports.

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Client Alert | 10 min read | 09.24.24

ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?

Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022....