News & Analysis as of

Corporate Governance Shareholder Activism Corporate Social Responsibility

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

Latham & Watkins LLP

ESG Insights: 10 Things That Should Be Top of Mind 2024

Latham & Watkins LLP on

Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG. In some ways, 2023 was a challenging year for ESG. This...more

Jenner & Block

Client Alert: Shareholders Pose Growing Risks to Companies’ DEI Initiatives

Jenner & Block on

Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] ESG Litigation in the UK and EU: What You Need to Know

In this episode, Akin Gump litigation partner Richard Hornshaw and counsel Aimee Smart look at the litigation aspects of environmental, social and governance, or ESG, issues in the U.K. and EU....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

Skadden, Arps, Slate, Meagher & Flom LLP

ESG in 2020: A Half-Year Review

Interest in the environmental, social and governance (ESG) policies of companies and their impact on the wider community has continued to increase amongst institutional investors, retail shareholders and the media during the...more

Jones Day

Enhanced Focus on the "S" in ESG Investing - Recent events have enhanced investors' focus on social issues and what positions and...

Jones Day on

Since the introduction of environmental, social, and governance ("ESG") investing, the environmental and governance aspects have garnered significantly more focus. Issues such as climate change (under the "E") and board...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

A&O Shearman

Corporate Governance & Executive Compensation Survey 2019

A&O Shearman on

Concern for environmental and social issues has reached an inflection point. While traditional governance issues that have been a staple of investor advocacy and discussion (the “G” of ESG) continue to be important,...more

K2 Integrity

Statement on the Purpose of a Corporation: Will a Stakeholder-Driven Agenda Trump Shareholder Value?

K2 Integrity on

On a Monday during the dog days of August 2019, a group of 181 chief executives signed a “Statement on the Purpose of a Corporation” affirming that the U.S.’s largest corporations have a “fundamental commitment” to “all...more

Foley & Lardner LLP

Shareholder Activism Pushes Boundaries of Board Duties

Foley & Lardner LLP on

Under the traditional model of corporate governance, boards of directors owe fiduciary duties to one group, and one group only — the company’s shareholders — to maximize the value of their shares. But, times are changing. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: US Corporate Governance Turning Up the Heat

U.S. public companies face a wide array of challenges, from greater market volatility and increasing economic and geopolitical uncertainty to disruptive technologies, artificial intelligence, social media and cybersecurity...more

Hogan Lovells

Environmental, social, and governance concerns: Do U.S. investors care about sustainability and ESG scores?

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Investors’ focus on environmental, social, and governance (ESG) factors has risen dramatically in the U.S. in recent years. ...more

Latham & Watkins LLP

Companies Must Carefully Consider ESG Disclosures Under UK Non-Financial Reporting Directive

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Companies should conduct thorough due diligence in light of closer scrutiny from stakeholders and governmental and non-governmental bodies. Companies are facing increasing pressure to report on environmental, social, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Board’s Three ‘C’s’ of Corporate Governance: Composition, Communication and Connection

U.S. companies face a dizzying array of challenges, including from disruptive technologies and cybersecurity threats; economic and geopolitical uncertainties; climate change and evolving sustainability metrics; and questions...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2018

EXECUTIVE SUMMARY - 1. Cybersecurity threats. Cybersecurity preparedness is essential in 2018 as the risk of, and associated adverse impact of, breaches continue to rise. The past year redefined the upward bounds of the...more

Dorsey & Whitney LLP

Investors’ Climate Change Voting Records Face Scrutiny

Dorsey & Whitney LLP on

Companies who engage with their large institutional shareholders on environmental and social issues during the 2018 proxy season should keep in mind that these investors are facing pressure from other investors on their...more

Parker Poe Adams & Bernstein LLP

Thwarting Shareholder Activism Through Engagement

As the 2017 proxy season draws to a close for most companies, it is obvious that shareholder activism remains alive and well, though the actual number of public activist campaigns appears to have tapered off slightly as...more

Allen Matkins

I’m Guessing That The DOL Didn’t Have in Mind Negative Weighing OF ESG Factors

Allen Matkins on

In this post, I noted a recent study by Professor Tracie Woidtke at the University of Tennessee concluding that social-issue shareholder-proposal activism appears to be negatively related to firm value. I therefore raised...more

The Volkov Law Group

Risk Planning and Board Liability

The Volkov Law Group on

Board members are in the hot seat, or to put it another way – they are in a hot kitchen. The question is whether they can stand the heat of the hot kitchen....more

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