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In ESG

The Rise of Environmental, Social and Governance (ESG) Litigation

by 1 Min Read

As companies increase their environmental, social and governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures related to ESG performance. Similarly, inventive theories are being put forward to directly attack companies for alleged ESG-related performance and operational deficiencies. In both arenas, there has been a recent growth in efforts to hold companies accountable for supplier misconduct. The expanding growing misstatement and performance litigation…

In Employment

Employment Considerations in the Global Supply Chain: The Latest

by , and 8 Mins Read

Employees – including supplier workers – are the backbone of any business. Protecting worker safety in the supply chain is a complex undertaking, and COVID-19 has introduced additional complexities regarding employee safety and remote work. While this blog has touched on modern slavery and trafficking in prior posts, the following are a few of the most recent developments in other areas of worker safety and related considerations to help employers navigate the ever-evolving laws that…

In Compliance

The Slave-Free Business Certification Act: Bipartisanship Grows in Congress Around Aggressive Corporate Legal Obligations on Supply Chain Responsible Sourcing

by , , , , and 6 Mins Read

Overview On July 20, 2020, Republican Senator Josh Hawley of Missouri introduced the Slave-Free Business Certification Act (“the Act”). If passed, the Act would require every “covered business entity” — defined as any issuer under section 2(a) of the Securities Act of 1933 that has annual, world-wide gross receipts of $500 million — to audit and report on instances of forced labor in their supply chains. Companies that deliberately violate the Act could be liable…

In ESG

Regulatory Focus on ESG Disclosure Means Increased Scrutiny on Accuracy and Thoroughness of ESG Data from Supply Chains

by , , , , and 9 Mins Read

Financial regulatory and enforcement momentum focusing on environmental, social and governance (“ESG”) issues is building up from recent activities by US, EU and UK financial regulators. As a result, we anticipate that asset managers and financial intermediaries will increasingly seek to obtain and analyze ESG-related data and information from companies in which they directly or indirectly invest. The companies themselves, particularly publicly traded companies, will be expected to provide more ESG-related disclosure. As a result,…