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Environmental Social & Governance (ESG) Institutional Investors

Crunched Credit

Regulatory Contagion

Crunched Credit on

Last year, I wrote a commentary entitled Contagion.  That commentary was inspired by the early days of the meltdown of the crypto currency market (long before SBF made the whole space way more notorious with a whiff of...more

Barnea Jaffa Lande & Co.

Institutional Investors, Investment Funds, and ESG

Recently, we have been witnessing a trend among institutional investors of preferring investment funds that take ESG (environmental, social and governance) considerations into account. ESG considerations lead to investments...more

BCLP

Crisis of Trust: Corporate Governance Update 2023

BCLP on

Following a series of accounting and audit scandals in recent years and what has been described as a “crisis of trust”, the UK Government, regulatory bodies, and institutional investor groups have set out to reform the UK’s...more

Jones Day

High Court Dismisses ClientEarth's Application to Initiate Proceedings Against Shell's Directors

Jones Day on

Introduction - On July 24, 2023, the High Court dismissed ClientEarth's application for permission to bring a shareholder derivative claim against Shell's directors (the "Board") for breach of directors' duties under the...more

Locke Lord LLP

ESG – Workplace Developments in the UK

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ESG or Environmental, Social, and Governance aspects of the workplace have become an increasingly hot topic over the last few years in many UK workplaces. Driven by a combination of a tight labour market, heightened...more

Morrison & Foerster LLP

The Rise of the “Occasional Activist”

The number of shareholder proposals put forward in 2022 increased by roughly 9% over 2021. At the same time, however, the number of shareholder proposals put forward by hedge funds and dedicated activists went up by only 1%....more

Orrick, Herrington & Sutcliffe LLP

ESG Litigation and Regulatory Enforcement Actions: Positioning Your Company to Avoid What’s Coming

In the early days, most company Environmental, Social, and Governance (ESG) programs were more akin to Corporate Social Responsibility, with companies publicly highlighting initiatives that benefit their communities. They...more

White & Case LLP

The INDEX Act: A challenge to the voting influence of institutional investors that may yield unintended consequences

White & Case LLP on

The Act's supporters say it would shift voting power from large investment advisers to individual investors, but the reality could be far more complex - The INDEX Act arrives at a moment of increasing resistance to ESG...more

WilmerHale

Shareholder Focus on Reproductive Rights Post-Dobbs

WilmerHale on

Companies are responding in a myriad of ways to the US Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization (Dobbs), including by expanding healthcare travel benefits to reduce barriers to accessing care in...more

Patterson Belknap Webb & Tyler LLP

ESG Funds Must Tread Carefully as Russia Sanctions Bite

The full-scale invasion of Ukraine by a revanchist Russia continues to dominate headlines as the war enters its second month. While the sometimes-terrible choices facing those living in the conflict zone are unparalleled,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Activism Landscape Continues To Evolve

Takeaways - ESG activist campaigners are likely to continue asserting themselves. Companies that have merged with SPACs and whose stock prices have slumped will be at risk for activist pressure. Watch for more activist...more

Proskauer Rose LLP

The Expanding Green Horizon: EU and UK ESG Regulatory Considerations and Developments for 2022

Proskauer Rose LLP on

The fund and asset management industry has been more focused on environmental, social and governance (“ESG”) issues in the last two years than it has been in, perhaps, the last decade....more

Stikeman Elliott LLP

COP26: Key Takeaways and Action Items on Climate Change (Part II)

Stikeman Elliott LLP on

In our previous post, we highlighted a number of global goals and campaigns aimed at addressing climate change. In this post, we examine climate change-oriented policies and initiatives that are being adopted by many...more

A&O Shearman

New ESG changes to MiFID II - What investment firms and banks need to know

A&O Shearman on

The European Commission has finalised its proposed ESG-related changes to MiFID II. These are intended to fit together with SFDR, and are part of a suite of ESG related changes being made via amends to AIFMD, the UCITS...more

Latham & Watkins LLP

Tracking Stocks May Serve as a Tool for the ESG Pivot

Latham & Watkins LLP on

A relic of the dot-com era may prove useful in attracting investors seeking specific exposures that are ESG-aligned. Shareholders, regulators, and other stakeholders continue to drive the integration of environmental, social,...more

Goodwin

ESG Shareholder Proposals Will be More Difficult to Exclude After SEC Staff Interpretive Reversal

Goodwin on

On November 3, 2021, the staff (“staff”) of the Division of Corporation Finance (“Division”) of the U.S. Securities and Exchange Commission (“SEC”) published Staff Legal Bulletin No. 14L which reverses a series of...more

Latham & Watkins LLP

FCA Launches Discussion on Sustainability Disclosure Requirements and Product Labels

Latham & Watkins LLP on

The regulator is inviting views on potential criteria for classifying and labelling investment products, and on further entity- and product-level sustainability-related disclosures. On 3 November 2021, the FCA published...more

BCLP

Momentum Shifts as Investors Consider Growing Link Between ESG and EPS

BCLP on

A trio of recent developments illustrate growing support for Environmental Social and Governance (ESG) initiatives in the U.S., as well as abroad. ESG regulatory and legal risks now appear top of mind for institutional...more

Kelley Drye & Warren LLP

Board Oversight of ESG: Beyond Disclosure

While pressure from institutional investors, such as BlackRock, Vanguard, and State Street, has contributed to increased focus and urgency on environmental, social, and governance (ESG) matters, so has pressure from...more

Nossaman LLP

Podcast: How Will the Biden Administration Impact Public Pension Investments?

Nossaman LLP on

In this episode of Public Pensions & Investments Briefings, Nossaman Public Pensions & Investments Group Partner Peter Mixon and Institutional Limited Partners Association Senior Policy Counsel Chris Hayes discuss what impact...more

The Volkov Law Group

The Rise of ESG In Response to Investor Demand

The Volkov Law Group on

Corporate governance sometimes is the subject of “fads,” or initiatives that gain traction with dubious evidence-based justifications.  Sometimes companies engage new theories or strategies because they “sound good,” or give...more

Kilpatrick

The Competing Factors Driving ESG Disclosures

Kilpatrick on

There has been mounting pressure on mandatory ESG disclosure in recent years that may reach a precipice in 2021 with a new SEC Chairman. The forces driving this pressure include institutional investors, fiduciary duties,...more

Benesch

ESG in 2021 – The Role of Board Oversight of Corporate Political Spending

Benesch on

Environmental, social and governance (or ESG) issues have been hot topics and buzzwords in corporate governance for well over a decade and these issues have increasingly grabbed the attention of corporations and their boards...more

Dechert LLP

Overview of the EU Shareholder Rights Directive II

Dechert LLP on

What is the law? Directive (EU) 2017/828 (“SRD II”), amending the Shareholder Rights Directive (2007/36/EC), came into force on 9 June 2017 [link]. SRD II introduced new transparency obligations on “institutional...more

Cooley LLP

Blog: Oversight of ESG — ten questions for boards

Cooley LLP on

According to Protiviti, in 2019, 90% of companies in the S&P 500 issued separate sustainability reports—not part of SEC filings—and, as of February 2020, over 1,000 companies with an aggregate market cap of $12 trillion have...more

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