In Private Equity Law Review, Jason Brown and Nicole Horowitz Discuss Deficiencies Targeted in SEC Examinations of Advisers’ ESG Related Policies

In The News
October 11, 2022

Environmental, social and governance (ESG) issues are a top priority for the SEC based on its recent guidance and exam activity. A fund doesn’t even need to be an “impact” or “green” fund to receive scrutiny and any fund that makes ESG representations will receive attention. As a result, all advisers should evaluate whether they are making any statements about ESG and, if they are, how those disclosures align with their actual practices.

In a Private Equity Law Review article, asset management partner Jason Brown and associate Nicole Horowitz consider recent SEC guidance and examination efforts as to disclosures; investment activities and documentation; and policies and procedures to provide advisers with guidance on how to prepare for ESG requests that they may receive on SEC examinations.