Companies across the globe are turning to M&A to fulfill their ESG ambitions while investors seek the steep returns on offer -
As businesses race to catch up with the global ESG (environmental, social, and governance)...more
On 23 February 2022, the European Commission ("Commission") issued its long-awaited Proposal for a Directive on Corporate Sustainability Due Diligence to tackle human rights and environmental impacts across global value...more
FPSOs have revolutionized deep-water oil extraction but these technically complex vessels are a fertile ground for uncertainty, spiraling costs and long delays.
Following a challenging 2020, the FPSO market is off to a...more
As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more
As part of the EU Green Deal, existing EU legislation on batteries will be modernized so that all batteries on the EU market will be "sustainable, high-performing and safe all along their entire life cycle". This initiative...more
On 10 March, the European Parliament (the "Parliament") passed a legislative initiative (the "Parliament Initiative") for an EU directive on Mandatory Human Rights, Environmental and Good Governance Due Diligence ("MHRDD")...more
The UK Supreme Court has issued the latest in a series of landmark decisions on parent company liability under English law for claims alleging environmental damage and human rights abuses.
In a unanimous reversal of the...more
2/23/2021
/ Corporate Counsel ,
Corporate Governance ,
Due Diligence ,
Duty of Care ,
Environmental Violations ,
Foreign Subsidiaries ,
Human Rights ,
Internal Controls ,
Nigeria ,
Parent Corporation ,
UK Supreme Court ,
Zambia
The UK Supreme Court has delivered its long-awaited decision in Halliburton v Chubb1 regarding an arbitrator's duty to disclose multiple appointments in related arbitrations. In a decision of significance to the international...more
In September 2020, the UK and the EU announced initiatives to strengthen human rights due diligence and reporting. The UK Home Office will bolster the UK Modern Slavery Act 2015 (MSA) to enhance transparency in both the...more
The Equator Principles have been one of the principal frameworks for managing sustainability and ESG risk in projects by financial institutions since 2003. The latest update – known as EP4 – renews the focus on human rights...more
9/26/2020
/ Acquisitions ,
Climate Change ,
Environmental Social & Governance (ESG) ,
EPFIs ,
Equator Principles ,
Financial Institutions ,
Human Rights ,
OECD ,
Popular ,
Refinancing ,
Sustainable Finance
These are unprecedented times, and companies are facing important issues as they navigate the current economic, political, and social climate. The COVID-19 pandemic and Black Lives Matter movement have put the spotlight on...more
8/17/2020
/ Annual Meeting ,
Black Lives Matter ,
Board of Directors ,
Business Continuity Plans ,
Carbon Emissions ,
Climate Change ,
Corporate Culture ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Diversity ,
Employee Benefits ,
Employee Rights ,
Employee Training ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Ethical Standards ,
Filing Requirements ,
Fortune 100 ,
Green Finance ,
Human Capital ,
Popular ,
Proxy Statements ,
Publicly-Traded Companies ,
Renewable Energy ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Socially Responsible Investments ,
Surveys ,
Sustainability ,
Workplace Safety
Strong ESG credentials and long-term plans to improve their relationship with society and the environment are increasingly important to ensure companies’ access to capital.
Environmental, social and governance (ESG) matters...more
8/7/2020
/ Acquisitions ,
Black Lives Matter ,
BlackRock ,
Capital Raising ,
Climate Change ,
Corporate Social Responsibility ,
Employee Benefits ,
Employee Rights ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Crisis ,
Global Dealmaking ,
Human Rights ,
Investors ,
Mergers ,
Middle East ,
Multinationals ,
Popular ,
Public Disclosure ,
Renewable Energy ,
SASB ,
Shareholder Proposals ,
Shareholders ,
Workplace Safety
The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more
3/21/2020
/ Africa ,
Appeals ,
Dismissals ,
Duty of Care ,
Human Rights ,
Mining ,
Negligence ,
Parent Corporation ,
Police Brutality ,
Police Misconduct ,
Third-Party Service Provider ,
UK ,
Vicarious Liability
Thoughtful business participation in benchmark reviews.
If one or more human rights and ESG benchmarks review—or could soon review—your industry, it may make business sense to participate thoughtfully and/or disclose...more
The strategic value of paying attention to areas that benchmarks assess -
Some companies are skeptical about engaging with human rights and ESG benchmarking, because they question whether human rights and ESG disclosures...more
1/14/2020
/ Benchmarking ,
Benchmarks ,
Business Strategies ,
Corporate Human Rights Benchmark (CHRB) ,
Corporate Social Responsibility ,
Data Privacy ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Human Rights ,
Investors ,
Modern Slavery Act ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Management ,
Shareholders ,
Supply Chain ,
Sustainability ,
Transparency ,
Transparency in Supply Chains Act
What businesses need to know for a strategic approach -
Benchmarks focus on human rights, labor rights, political rights, “digital rights” (human rights in the Internet era) and wider sustainability efforts. They...more
1/13/2020
/ Benchmarks ,
Corporate Governance ,
Digital Rights ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Human Rights ,
Labor Policies ,
Policies and Procedures ,
Publicly-Traded Companies ,
Sustainability
What businesses need to know for a strategic approach -
In an increasing number of sectors, companies’ operations and disclosures are publicly evaluated by “benchmarks” that compare their performance on human rights and...more
'Whistleblower' is a widely used term. However, what it means and the protections a whistleblower might receive are by no means universal. Whistleblowers have been a regular presence in the news over recent years, from...more
11/27/2019
/ EU ,
EU Directive ,
European Council ,
Financial Conduct Authority (FCA) ,
Harmonization Rules ,
Internal Reporting ,
Legal Aid ,
Member State ,
PIDA 1998 ,
Public Disclosure ,
Public Interest ,
UK ,
Waiver of Liability ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
As corporate responsibility evolves, and the focus on corporate sustainability grows, more businesses in the mining and metals and related sectors are referencing the long-term potential of blockchain technology and platforms...more
10/22/2019
/ Artificial Intelligence ,
Automotive Industry ,
Blockchain ,
Compliance ,
Conflict Mineral Rules ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Extractive Industry Transparency Rule ,
Human Rights ,
Innovative Technology ,
Internet of Things ,
Metals ,
Minerals ,
Mining ,
Popular ,
Supply Chain ,
Sustainability ,
Transparency
On 10 April 2019, the Supreme Court in Vedanta Resources Plc v Lungowe, determined that a UK-domiciled parent company may owe a duty of care to third parties affected by operations of its foreign subsidiary....more
4/23/2019
/ Contamination ,
Corporate Counsel ,
Duty of Care ,
Environmental Violations ,
Farms ,
Foreign Subsidiaries ,
Jurisdiction ,
Mining Contracts ,
Parent Corporation ,
Property Damage ,
Third-Party Relationships ,
Toxic Exposure ,
UK Supreme Court ,
Zambia
A Taiwanese-owned, Vanuatu-flagged fishing vessel is the first known enforcement target of its kind by US Customs and Border Protection ("CBP") in its efforts to halt the importation of goods produced with forced labor....more
4/11/2019
/ Customs and Border Protection ,
Enforcement Actions ,
Forced Labor ,
Human Trafficking ,
Imports ,
Prohibited Transactions ,
Restricted Goods ,
Supply Chain ,
Taiwan ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act ,
Vessels ,
Withhold Release Orders (WROs)
Mounting pressure on businesses to gain clarity on their social and environmental footprint will challenge corporate operations in 2019. New risks are present but there are also opportunities for companies willing actively to...more
4/5/2019
/ Benchmarking ,
Climate Change ,
Common Law Torts ,
Conflict Mineral Rules ,
Corporate Governance ,
Environmental Litigation ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Foreign Subsidiaries ,
Human Rights ,
Investors ,
Mass Tort Litigation ,
Mineral Extraction ,
Native American Issues ,
Parent Corporation ,
Popular ,
Publicly-Traded Companies ,
Resource Extraction ,
Supply Chain ,
Technology Sector ,
Transparency
Tech companies of U.S. origin tend to have compliance programs focused on U.S. laws, including the Foreign Corrupt Practices Act (the "FCPA") and relevant tax and labor laws. The UK has enacted laws covering bribery and...more
2/8/2019
/ Bribery ,
Compliance ,
Corporate Misconduct ,
Corruption ,
Criminal Liability ,
Cross-Border Transactions ,
Due Diligence ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Modern Slavery Act ,
Risk Assessment ,
Strict Liability ,
Tax Evasion ,
Technology Sector ,
UK ,
UK Bribery Act ,
UK Criminal Finances Act 2017