DC Circuit Reviews SEC Proxy Advisor Curbs as First Circuit Orders $93 Million Penalty Return and Eighth Circuit Seeks Climate Disclosure Plans

The Securities and Exchange Commission's (SEC) efforts to impose restrictions on proxy advisory firms are facing judicial scrutiny at the U.S. Court of Appeals for the District of Columbia Circuit. These firms, which provide guidance on shareholder voting, have been criticized by companies and Republican lawmakers for wielding excessive influence over investors. The court is examining challenges to rules introduced during the first Trump administration aimed at curbing the power of proxy advisors. Meanwhile, the First Circuit ruled that the SEC must return a $93 million penalty, reflecting ongoing legal challenges to the agency's regulatory actions. Additionally, the Eighth Circuit has directed the SEC to disclose its plans regarding a climate disclosure rule. The debate highlights tensions between regulatory efforts to oversee proxy advisory firms and pushback from business groups and lawmakers concerned about their impact on shareholder rights and retirement accounts.