In Executive Order 14204 of April 15, 2021 (E.O. 14024) (Order), the President found that specified harmful foreign activities of the Government of the Russian Federation, among other things, constituted an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and declared a national emergency to deal with that threat.

From the earliest days of the Biden Administration, the Securities and Exchange Commission (SEC) signaled its intention to use all the tools at its disposal to address investor disclosures of Environmental, Social, and Governance (ESG) information. In March 2021, the SEC established a high-profile enforcement-focused Climate and ESG Task Force. Then, on April 11, 2022, the SEC published a proposed rule (with comments due by May 20, 2022) that will require detailed disclosures about greenhouse gas emissions, climate-related risks and targets, and corporate oversight and governance matters.

On Tuesday April 26, the New York State Senate approved the Adult Survivors Act (ASA). The bill, known as S66A, follows on the heels of New York’s Child Victims Act (CVA), enacted in 2019.

On Friday, April 22, 2022, Florida Governor Ron DeSantis signed House Bill 7 – known as the “Stop WOKE Act” – into law. “Stop WOKE” stands for “Stop Wrongs Against Our Kids and Employees.” The law prohibits classroom or workplace training and instruction that causes students or employees discomfort over their race, color, sex, or national origin.

With the long list of sanctions imposed on dealings with Russia continuing to grow, many businesses are finding themselves in need of expert guidance not only on compliance, but also on resolving disputes resulting from impacts of those sanctions on existing contractual relationships. One critical question is which forum, or which court, such contract disputes and other related disputes should be litigated in.

The increasing number and intensity of U.S. sanctions against Russia have brought the need to conduct adequate due diligence prior to the execution of an agreement for the sale of goods and services into sharp focus. In the current fraught environment, businesses need to exercise an elevated degree of care to avoid the risks of both potential sanctions violations and the limited recourse available in the event of a contract default caused by the imposition of sanctions.