With calm being restored after the frenzied effort in the EU to pass the Corporate Sustainability Due Diligence Directive (CSDDD), it may be time to evaluate the extent to which the law as adopted has met its original...more
With great fanfare, the Corporate Sustainability Due Diligence Directive (CSDDD) will soon become law in the EU. As many have commented – and we have written about repeatedly for four years (see here, here, here and here for...more
After months of discussion – and years of development – on December 14, 2023, the European Council and the Parliament reached a provisional agreement on the Corporate Sustainability Due Diligence Directive (“CSDDD”). The...more
At the United Nations Forum on Business and Human Rights (the “Forum”) held at the UN headquarters in Geneva, Switzerland this past week, some 4000 thought leaders, human rights defenders, companies, civil society...more
On October 7, 2023, Governor Gavin Newsom signed Senate Bill 253 into law, which imposes climate-related disclosure requirements for companies with revenues over $1 billion annually that do business in California. On the same...more
While California’s Climate Accountability Package has received much recent attention, another California climate disclosure bill targeting corporate greenwashing was also signed into law on October 7, 2023, and its...more
As we transition into an era of human rights due diligence mandated by regulation, many in the business and human rights community are nervously asking the same question. Will a company’s steps to identify and address actual...more
11/14/2023
/ Corruption ,
Due Diligence ,
EU ,
European Commission ,
European Parliament ,
Forced Labor ,
Governance Standards ,
Human Rights ,
Supply Chain ,
Undue Influence Claims ,
United Nations
Three years ago, as part of the EU’s initiative on sustainable governance, the European Commission released a lengthy study on directors’ duties. The study affirmed what many already understood: corporate decision makers face...more
8/21/2023
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Duty of Care ,
EU ,
European Commission ,
Green Deal ,
Human Rights ,
Modern Slavery Act ,
OECD ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Sustainability ,
Transparency
While it might seem counterintuitive, as business and human rights continues a sprint toward a mandatory paradigm, voluntary multi-stakeholder initiatives (“MSIs”) are perhaps more important than ever before. MSIs provide...more
A European legislative initiative aimed at requiring companies to undertake human rights and environmental due diligence is gradually but steadily making its way through the EU institutions.
Previously, on March 10, 2021, the...more
In 2011, following the adoption of the United Nations Guiding Principles, the OECD Guidelines for Multinational Enterprises (the “Guidelines”)—the only existing intergovernmental guidance to businesses—introduced a new...more
The European Union’s Draft Corporate Sustainability Due Diligence Directive (“CSDDD”) continues to generate ample attention and feedback. At its core, the proposed directive seeks to apply the due diligence formula of the UN...more
As the European Union has made continued progress toward implementing a holistic human rights legislative agenda, the United States, in the wake of the recent second Summit for Democracy, began to push its own set of human...more
In 2011, following the adoption of the United Nations Guiding Principles, the OECD Guidelines for Multinational Enterprises (the “Guidelines”)—the only existing intergovernmental guidance to businesses—introduced a new...more
The Norwegian Transparency Act, a broad law mandating that covered companies conduct human rights-related due diligence for their operations and supply chains, went into effect in July 2022. The ambitious law is part of a...more
The explosion of global business and human rights continued to resonate across the globe in 2022. Some of the business and human rights trends have been evident and growing for several years; others are relatively new. Many...more
12/29/2022
/ Anti-Money Laundering ,
Anti-SLAPP ,
Biometric Information ,
Corporate Governance ,
DNA ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Forced Labor ,
Free Trade Agreements ,
General Assembly ,
Greenwashing ,
Human Rights ,
Popular ,
Supply Chain ,
Sustainability ,
Transparency ,
UNESCO ,
United Nations
As the European Union (“EU”) continues to debate whether downstream responsibilities will fall within the contours of its hefty Corporate Sustainability Mandatory Due Diligence Directive (“CSMDD”), and the EU Council just...more
12/5/2022
/ Anti-Money Laundering ,
Corporate Governance ,
Due Diligence ,
EU ,
Food and Drug Administration (FDA) ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Modern Slavery Act ,
OECD ,
RICO ,
Supply Chain ,
Sustainability ,
UK ,
United Nations
With great anticipation, on September 14 the European Union proposed a new regulation broadly prohibiting the import, export and sale of goods made wholly or in part with forced labor (“Proposed Regulation”)....more
On June 21, 2022, the Council of the European Union (“European Council”) and European Parliament (“Parliament”) reached a provisional political agreement on the Corporate Sustainability Reporting Directive (“CSRD”). A copy of...more
Business and human rights is continuing its steady march toward becoming a business imperative. There are sweeping new or proposed laws focused on human rights, such as the EU’s Proposal for a Directive on Corporate...more
6/9/2022
/ Code of Conduct ,
Customs and Border Protection ,
Economic Sanctions ,
Employee Privacy Rights ,
EU ,
Export Controls ,
Forced Labor ,
Free Trade Agreements ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Modern Slavery Act ,
NLRB ,
Popular ,
Public Procurement Policies ,
Supply Chain ,
Sustainability ,
UK ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)