In late September 2021, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) issued a Sample Letter providing guidance to companies on how their climate disclosures will be analyzed for compliance with material risk reporting obligations. The Sample Letter precedes the SEC’s issuance of mandatory climate-related disclosure rules anticipated by year-end and signals a greater focus on specific information used to support securities filings, a development that businesses should take seriously.

National plans for the fledgling offshore wind industry are ramping up. In May 2021, the Biden Administration announced plans to promote development of wind farms off California’s Central Coast, with Governor Gavin Newsom supporting the plan. 

The rise (perceived or otherwise) in unjust and/or unreasonable demurrage and detention, or D&D, fees has been on the FMC’s radar for several years now, but recent actions on this issue have led to increased focus and oversight by the FMC. 

The U.S. Court of Appeals for the Fifth Circuit recently issued an en banc ruling in Sanchez v. Smart Fabricators of Texas, LLC, 997 F.3d 564 (5th Cir. 2021) holding that an offshore welder assigned to a jack-up drilling rig was not a seaman within the meaning of the Jones Act. 

(Because Claims For Damage As A Result Of COVID-19 Government Orders Preventing Operation Of Businesses Failed To Allege Direct Physical Loss Of Or Damage To Property Or Were Otherwise Excluded By The Virus Exclusion, Coverage Was Not Afforded Under Commercial Property Policies)

(Summary Judgment In Favor Of Insurer Affirmed As Insureds Failed To Show Misrepresentation Regarding The Amount Of Coverage Afforded For Homes Destroyed By Wildfire)

(Insureds Were Not Entitled To Independent Counsel For Defense Of Lawsuit Based On Insurer’s Reservations Regarding Excess Exposure And Punitive Damages)

(Based On Idaho Insurance Interpretation Rules, Reversal Of Summary Judgment For One Insurer Required, But Not The Other Insurer)