Skip to content

Compliance Building

Doug Cornelius on compliance for private equity real estate

Menu
  • Home
  • About
    • About
    • About Doug
    • About This Website
    • Why I Blog
    • Speaking Engagements
    • Contact
    • Publications
  • Archives
    • Topic Archive
    • Book Reviews
    • Most Popular
  • Subscribe
  • Disclaimers
    • Disclaimers
    • Policies and Procedures
    • Use of Site Content
    • Comments
    • FTC Disclosure
Menu

Green Initiatives and Compliance Risks

Posted on September 1, 2009October 3, 2013 by Doug Cornelius
Print Friendly, PDF & Email

Perkins-coie

Organizations or all types and sizes are adopting policies to provide standards for environmental responsibility and sustainability initiatives.  But adopting green policies may impose risks on your organization if the policies are not properly followed.

Perkins Coie published a piece on these risks and issues: Green Policies – Understanding and Addressing Compliance Risks.

False Advertising.

Your company can be held liable for making a false statement about your sustainability efforts. Just ask Nike. There is also the Lanham Act and the ability of competitors to sue your company for false or misleading representations in advertising of goods, services or commercial activities.

FTC Regulations.

The FTC has published its Guide for the Use of Environmental Marketing Claims. These have teeth. The FTC sued Kmart, claiming that Kmart had made false and unsubstantiated claims that its private-label paper products were biodegradable.

Investor Risk.

Corporate  environmental practices have attracted increased attention from shareholders of public companies. Just ask Exxon-Mobil. I have not yet seen a meaningful shareholder suit for failing to follow a sustainability policy. But it may happen.

Contract Misrepresentation.

You need to know what you are. If you make a contractual obligation that a property is LEED certified or meet some other environmental standard, that obviously needs to be true. Otherwise you are exposing yourself for breach of contract.

References:

  • Green Policies – Understanding and Addressing Compliance Risks by Perkins Coie
  • Kasky v. Nike California Supreme Court case
  • Nike v. Kasky Supreme Court denial of certiorari
  • Nike and the Free-Speech Knot by Eugen Volokh
  • FTC’s Guide for the Use of Environmental Marketing Claims.
  • In the Matter of Kmart Corporation, a corporation. FTC File No. 082 3186

Disclosure: Perkins Coie just signed a big lease renewal in one of my company’s properties. Perkins Coie renews huge downtown Seattle lease.

Share this:

  • Print (Opens in new window) Print
  • Share on Facebook (Opens in new window) Facebook
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on X (Opens in new window) X
  • Email a link to a friend (Opens in new window) Email

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Search for Stuff

Recent Stories

  • Is Failure to Disclose Misappropriation Committing Securities Fraud?
  • SEC Sweep of Fake Form ADV Filers
  • New Custody Rule Is On Its Way
  • Can a Farm of Hardwood and Citrus Trees be a Security?
  • The Corporate Transparency Act is Finally Dead
  • The SEC 2026 Rulemaking Agenda
  • The Alignment Gap: Rethinking Costs in Private Equity Fund Formation
  • PERE 100 and SEC Registration
  • Neither Admit Nor Deny To Be No Longer
  • What Will Form PF Look Like Next Year?

Fight Cancer

Please support my Pan-Mass Challenge
Make a donation to fight cancer. donate.pmc.org/DC0176
pan-mass challenge badge

I am a lawyer, but I am not your lawyer. Since I’m a lawyer, this website may be considered attorney advertising under the ethical rules of certain jurisdictions. Please read my disclaimers page before taking any action. And then, don't take any action based on what I wrote.

Creative Commons logo with the text 'Some Rights Reserved' and three symbols representing attribution, non-commercial use, and share alike.

Compliance Building - by Doug Cornelius is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.