Comments on Proposed Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors SEC · Jun 16, 2022
In a storm of regulatory overreach, the SEC sought comments prior to a final rule on public companies' disclosures on their greenhouse gas emissions and related matters. In his comment letter to the SEC, Dan describes why requiring disclosure of Scope 1, 2 and 3 emissions was a really bad idea. Even so, the SEC passed a final rule, omitting Scope 3 emissions disclosures. As of Febuary 5, 2026, the rule remains "on the books" but its implementation has been held in abeyance by the courts and the SEC. Dan's comment letter was sited multiple times in the final rule release. See comment letter here.
NEWS & INSIGHTS
Dan's Legal Drafting Checklist 21 Hous. Bus. & Tax L.J. 181 (2020-2021)
I know that, for most, an article on legal drafting is nothing but a great snooze fest. What clients should understand is that quality legal drafting is the essence of what differentiates the best lawyers from the rest. While prognosticators portend that AI will replace lawyers in the drafting of your contracts, AI really doesn't "think"; rather AI makes predictions on which words to use based on a very large database of documents and words. With poorly drafted documents in the database, AI may create a document, but the document will only be as good as the data from which it draws. See what really good drafting should look like here.
Why I Hire Eagle Scouts Scouting Magazine - Bryan on Scouting Blog · Apr 23, 2020
For over nine years, I was CHRO in service of MRC Global's several thousand global employees. I often joke that everything I learned about HR, I learned in Scouting and the TV show, Below Deck. Seriously though, if your company has core values, it wouldn't hurt to model them after the core values of Scouting... a Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and revertant. Learn more why I think Eagle Scouts make great employees here.
Case Studies in Settlement Counsel Association of Corporate Counsel Docket · Oct 1, 2015
A colleague of mine once said "There are four realities in litigation: What you think happened, What the other side think happened, What really happened, and most important of all, What the judge and jury thinks happened." Grounded in this philosophy, there is a role for in-house counsel or outside settlement counsel to try to resolve disputes before expensive litigation drives unnecessary cost, expense, time and distraction from your business. See the article here.