On 14 December 2023, the European Council[1] and the European Parliament[2] announced that they have reached a provisional agreement on the new Corporate Sustainability Due Diligence Directive (“CSDDD”), which sets out obligations for companies to mitigate their negative impact on human rights and the environment, around issues such as child labor, slavery, labor exploitation, biodiversity loss, pollution and environmental degradation. This provisional agreement marks a significant milestone in the legislative process of introducing the CSDDD…
On Monday the SEC released its long-awaited proposed rule changes that will require disclosure of climate-related risks that are reasonably likely to have a material impact on registrants. As noted in its press release, the SEC has focused on climate-specific rules in order to “provide investors with consistent, comparable and decision-useful information for making their investment decisions.” In sum, the Proposed Rule would require listed companies to disclose information in four key areas: (1) governance…
Beyond resilience, the supply chains of the future are expected to be sustainable, embracing ESG principles. In the seventh webinar of our Supply Chain Series, our panel of experts will discuss the emerging and anticipated business issues, practical applications and legal considerations that companies need to consider, as they: Integrate corporate governance into the value chainLook at access to medicines and medical devices in a post-pandemic eraExplore sustainable alternatives such as corporate power purchase agreementsNavigate…
In a step that would significantly elevate obligations to map supply chains, disclose information identified, and impose financial penalties for companies who fail to comply, the New York State Senate this month unveiled the “Fashion Sustainability and Social Accountability Act” (“the Act”). The Act, if enacted, will require every fashion retail seller and manufacturer that does business in New York and has over USD 100 million in annual worldwide gross receipts to make a number…
Join us tomorrow at the Ethisphere Virtual ESG Forum as we discuss the latest on Environmental, Social and Governance (ESG) oversight, including managing ESG issues in the supply chain. The discussion will address who should have a seat at the table when managing corporate ESG matters, and the role of key corporate functions in identifying and mitigating ESG risks in supply chains and beyond.
Yesterday the House of Representatives passed by a narrow margin the Governance Improvement and Investor Protection Act (H.R. 1187), which is a package of bills broadly requiring disclosure of ESG metrics in business (including supply chain impacts) and setting specific reporting expectations on climate risks, political spending, executive pay, and taxation rates. The legislation comes amidst indications by the SEC that mandatory disclosures related to ESG and climate impacts are a priority. Our analysis of…
As reported previously, developing new ESG and climate disclosure requirements (including those relating to supply chains impacts) is one of the SEC’s key priorities, and there have been indications that proposed rule-making on the issue may be imminent. The topic was once again raised by SEC Commissioner Allison Herren Lee this week at the 2021 ESG Disclosure Priorities Event. In her remarks, Commissioner Lee indicated that the SEC is working on a proposed rule on ESG disclosures…
Over a year into the global pandemic, businesses have had to pivot to survive and adjust to new ways of conducting business. Now, more than ever, Asia Pacific business leaders are making the necessary strategic changes to meet the needs of a vastly changed business landscape — and deciding where legal expertise may be needed most to limit and manage disruption and soften risks. The State of Play Supply Chains and Trade Realignment report delves…
This year, Baker McKenzie’s annual supply chain conference opened with a robust discussion about what we can expect from the Biden Administration, how this might impact supply chain regulations, and our predictions for what lies on the horizon. Our presenters also covered best practices and emerging topics in sustainability including the expansion of ESG legal requirements, litigation risk and responsible sourcing risk management. Click here to view* the recording. *Note that only live Baker McKenzie…
The Securities and Exchange Commission (“SEC”) has taken a major step towards exercising its significant power to require companies to disclose greater information relating to ESG and climate impacts. On March 4, 2021, the SEC announced that it has formed a Task Force focusing on climate and ESG disclosure issues. The Task Force is a part of SEC’s Division of Enforcement and will be led by Kelly L. Gibson, the Acting Deputy Director of Enforcement.…