Investing in, acquiring, or partnering with companies requires a due diligence investigation in which intellectual property (IP) will play a role. This article, from a primarily United States perspective, describes four levels of due diligence review, and the level of review warranted by different types of transactions. For efficiency, key questions upfront can focus the review.
Followers of the financial press will not have failed to note the prominence of Environmental, Social, and Governance (ESG) developments in recent years, whether through regulatory proposals, statements from asset managers concerning ESG, or industry/sector changes. As such, much has been written about the movement away from a shareholder economy toward a stakeholder economy, and the need to “build back better” as part of COVID-19 economic renewal packages.
The enforcement actions provide early clues on how the SEC’s “risk-based data analytics” may flag public companies for investigation.
Regardless of whether you are new to the practice or just new to an in-house role, this article provides a general overview of the practice of United States (US) securities law from a public company in-house counsel perspective. It encourages in-house counsel to expand their knowledge of the federal securities laws and the areas that are integral to the practice – including governance and compliance.
The Covid-19 pandemic is not only a major public health crisis, but the kick-start of an irreversible change in the global economic order. In this article, learn how other in-house counsel, executives, and business people rethink responsible investment and implement consistent policies for good environmental, social, and corporate governance practices (known by the acronym ESG - Environmental, Social, and Governance) have been showing great competitive advantage over others.