Tag Archives: legal challenge

SEC’s Guidance on Conflict Minerals — Not Just the FAQs

In the last two weeks, there have been more than a few articles and law firm memos written on the SEC’s FAQs relating to the Conflict Minerals Rule. Many of the articles and memos recite the FAQs. Others provide a brief discussion of them. Most are calling the FAQs the only guidance from the SEC since the Release last August. But, a … Continue Reading

Challenging the Conflict Minerals Rule — A Review of the Docket — Activity in the District Court

Here’s an update on the state of play in the legal challenge to the conflict minerals rule: On May 2, 2013, the US Court of Appeals granted the petitioners’ motion to transfer the case challenging the conflict minerals rule to the US District Court for the District of Columbia. On May 6, 2013, the District … Continue Reading

Challenging the Conflict Minerals Rule — A Review of the Docket – NAM v SEC Decision to be Delayed

On April 29th, the Court of Appeals for the D.C. Circuit canceled oral arguments scheduled in the National Association of Manufacturer’s (NAM) challenge to the conflict minerals rule. Following the court’s dismissal of the American Petroleum Institute’s case challenging the resource extraction rule, NAM filed a motion on April 30th to transfer its conflict minerals case to district court. The case will be heard … Continue Reading

Challenging the Conflict Minerals Rule — Will the Court of Appeals Decide?

If you were waiting to implement your compliance program until after the court reached a decision in NAM v. SEC, you may want to reconsider that strategy. Over the last six months, the petitioners have challenged the SEC’s cost/benefit analysis of the conflict minerals rule and argued that the SEC failed to consider alternative provisions of the rule that could have reduced the burden … Continue Reading

Challenging the Conflict Minerals Rule – A Review of the Docket – Petitioners’ Brief and Amicus Briefs

On October 22, 2012, the United States Chamber of Commerce and the National Association of Manufacturers (Petitioners) filed an Amended Petition for Review with the US Court of Appeals, District of Columbia Circuit.  The Petitioners requested that the new Conflict Minerals Rule be modified or set aside in whole or in part.  After the initial … Continue Reading

Unintended Consequences of the Conflict Minerals Rule?

There can hardly be any disagreement with the stated goal of the SEC’s Conflict Minerals Rule.  Congress directed the SEC to enact rules requiring disclosure about the use of conflict minerals because it believed that the exploitation and trade of conflict minerals from the DRC were helping to finance armed conflict there — conflict characterized … Continue Reading

Challenging the Conflict Minerals Rule — Action on the Docket (January 16, 2013)

As contemplated by the briefing schedule, on January 16, 2013, the Petitioners filed their Opening Brief in their bid for a review of the SEC’s conflict minerals rule.  In their 198-page brief, the Petitioners (Business Roundtable, US Chamber of Commerce, and the National Association of Manufacturers) addressed each of the grounds for review that they … Continue Reading

Conflict Minerals Rule Weekly Recap #7 – December 28, 2012

December 28, 2012 – January 4, 2013 F5: Conflict Minerals Policy F5, an application delivery networking company, recently uploaded its conflict minerals policy on its website. Excerpts from the policy follow: F5 is committed to doing business in a way that enables people to live healthy, prosperous lives. Sourcing minerals that fund conflict in the Congo and … Continue Reading
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