On May 26, 2021, a Dutch court ordered Royal Dutch Shell Plc (“Shell”) to cut its greenhouse gas emissions by 45% (from 2019 levels) by 2030. Shell had previously pledged to reduce its emissions by 20% (from 2016 levels) by...more
This paper attempts to provide a definition and context for the term, Environmental, Social and Governance (“ESG”), explain how and why it is used, demonstrate how investors are driving the proliferation of ESG reporting,...more
12/10/2020
/ Anti-Fraud Provisions ,
Corporate Governance ,
Corporate Social Responsibility ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Due Diligence ,
Environmental Health and Safety (EHS) ,
Environmental Social & Governance (ESG) ,
EU ,
GAO ,
Human Rights ,
Institutional Shareholder Services (ISS) ,
Nasdaq ,
NYSE ,
Popular ,
Privately Held Corporations ,
Publicly-Traded Companies ,
SASB ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Uniformity ,
United Nations
In these unprecedented times of “shelter in home” orders, remote working, and other strategies Americans are taking to mitigate the risks associated with COVID-19, we anticipate that many organizations will decide to...more
On March 25, 2020, the Securities and Exchange Commission (the “SEC”) issued an order extending its prior conditional relief from SEC periodic reporting deadlines for public companies. The staff of the SEC’s Division of...more
In Marchand v. Barnhill, a unanimous Delaware Supreme Court imposed substantial new procedural expectations on corporate directors to satisfy their fiduciary duty of oversight related to material risk areas and legal...more
9/28/2019
/ Appeals ,
Bad Faith ,
Board Meetings ,
Board of Directors ,
Breach of Duty ,
Corporate Minutes ,
Damages ,
DE Supreme Court ,
Duty of Care ,
Duty of Loyalty ,
Fiduciary Duty ,
Food Safety ,
Listeria ,
Oversight Duties ,
Reversal ,
Risk Management ,
Senior Managers ,
Shareholder Litigation
Venture capital firms and their director designees on portfolio company boards can find themselves stuck between their fiduciary duty to common shareholders and the terms of preferred investment documents. Before any other...more
4/30/2018
/ Board of Directors ,
Breach of Duty ,
Common Stock ,
Conflicts of Interest ,
Fiduciary Duty ,
Mergers ,
Preferred Shares ,
Recapitalization ,
Risk Mitigation ,
Shareholders ,
Stock Redemption ,
Venture Capital