Resource Library

On March 4, 2021, the US Securities and Exchange Commission (SEC) announced the creation of a Climate and ESG Task Force in the Division of Enforcement. According to the SEC, the Task Force will develop initiatives to proactively identify ESG-related misconduct in the form of gaps or misstatements of issuer disclosure by means of the Division’s resources, including the collection of tips and whistleblower complaints and the use of data mining and analysis. The Division of Enforcement’s new Climate and ESG Task Force will use data analysis to mine and evaluate registrant information for possible violations.

In Case You Missed It, the Law Department Management Network's February 2021 Legal Quick Hit was titled "How to Develop and Advance an Environment, Social and Governance (ESG) Program." You can view this quick checklist, developed by Seyfarth Shaw LLP, to get a brief snapshot into the program.

New Zealand – in a world first – introduced a bill requiring companies in the financial sector to disclose the impact of climate change on their businesses and how they plan to manage climate-related risks and opportunities. This resource takes a look at how the climate impact disclosure bill could impact businesses based in Australia.

This piece highlights the increasing pressure within Australia on companies to address the issue of climate change. In particular, it highlighted the amount of landmark climate change cases that have been issued in recent months to compel the government or specific directors and officers to compel action on climate change. Indeed, Australia is the second most active jurisdiction for climate change litigation, with the United States being first.

This article has an update for the Shareholder Environmental, Social and Governance (ESG) Resolutions in Australia following their previous update in September 2020. Describing some of the recent changes and developments, their conclusion was that the increasing number of ESG resolutions demonstrates that activities are making full use of their ability to requisition shareholder resolutions.

As a Chief Legal Officer (CLO), how do you mobilize corporate stakeholders around Environmental Sustainability and Governance (ESG) issues? The United Nations Global Compact’s Sustainable Development Goal 16 offers a framework to articulate key ESG goals within and outside your organization.

Companies of all sizes are engaged in an effort to make Environmental, Social, and Governance (ESG) factors a part of their businesses in both vision and practice. The impact of personnel policies and practices extend far beyond the “S” portion of ESG. This resource outlines five personnel policies and practices to consider when assessing company ESG priorities and goals.

As organizations try to find ways to reduce carbon emissions and adopt more sustainable practices, template employment contracts are probably not the first place you would think to look. This article considers what changes you could make to template employment contracts to help meet your sustainability commitments.

The United States Securities and Exchange Commission’s (SEC) proposed climate disclosure rule, approved by a 3–1 vote on March 21, 2022, is the agency’s most significant regulatory undertaking in more than a decade. In this resource, learn more about how the decision can impact all domestic registrants and foreign private issuers.

In February 2022, the European Commission adopted a proposal allowing the European Union (EU) to indirectly regulate the affairs of non-EU companies that do business in the EU up to specified thresholds. This resource is an overview of why South African companies that export into the EU should take urgent note of the developments.