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01/28/2010 12:16:54 PM EST

SEC's New Guidance for Public Companies to Discuss Material Effects of Climate Change on Financial Performance

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PeterM.Gillon

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The SEC yesterday announced new disclosure guidance requiring public companies to discuss material effects of climate change on their financial performance. This new requirement exposes a risk for public companies and their directors and officers who should be insured against securities litigation arising from inadequate disclosure. Many Directors & Officers insurance policies exclude coverage for claims arising from "pollution," which could mean a hole in coverage for such disclosure violations. I encourage companies to take a look at their policies and insist that their carriers fill in that potential gap by endorsement or otherwise. Contact me if I can be of assistance.

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