On July 23, Judge Robert L. Wilkins of the U.S. District Court for the District of Columbia rejected a lawsuit brought by the National Association of Manufacturers, the Chamber of Commerce of the United States of America and the Business Roundtable seeking to invalidate the SEC’s conflict minerals rules under a variety of theories. According to Judge Wilkins: “Finding no problems with the SEC’s rulemaking and disagreeing that the ‘conflict minerals’ disclosure scheme transgresses the First Amendment, the Court concludes that Plaintiffs’ claims lack merit.”

Barring any stay issued upon an appeal, this means that the conflict minerals rules will remain in effect, and companies that manufacture or contract to manufacture products with conflict minerals that are necessary to production or functionality will be required to file a Form SD, and potentially a Conflict Minerals Report, by May 31, 2014.

For further information, please see our October 26, 2012 client memorandum, which provides a general overview of the rules, and our May 31, 2013 client newsflash, which explains the helpful guidance issued by the SEC staff on May 30.

If you have any questions regarding the matters covered in this publication, please reach out to any of the lawyers listed below or your usual Davis Polk contact.

This communication, which we believe may be of interest to our clients and friends of the firm, is for general information only. It is not a full analysis of the matters presented and should not be relied upon as legal advice. This may be considered attorney advertising in some jurisdictions. Please refer to the firm's privacy notice for further details.

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