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Our Top 10 Predicted Business and Human Rights Issues for 2025

Even for the unpredictable world of business and human rights, 2024 was particularly volatile, including for sustainability more generally. The European Union’s (EU) Corporate Sustainability Due Diligence Directive (CSDDD)...more

Is the CSDDD Really Setting a Level Playing Field for Human Rights Due Diligence?

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

Pecuniary vs. Nonpecuniary Factors: Understanding the Potential Scope of Anti-ESG Restrictions in U.S. State Laws

Executive Summary and Overview- State anti-ESG lawmakers have enacted legislation aimed at restricting investors from considering ESG factors in their investment strategies and decisions by requiring state financial...more

SEC Issues Final Rule on Climate Disclosures

In an open meeting on Wednesday, March 6, 2024, the Securities and Exchange Commission (“SEC”) approved in a 3-2 vote a Final Rule on climate disclosures that will “require registrants to provide certain climate-related...more

EU Legislators Reach Provisional Agreement on Corporate Sustainability Due Diligence Directive

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

The Evolving Role of Boards of Directors Regarding Business and Human Rights

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

Multi-Stakeholder Initiatives and Mandatory Due Diligence

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

Corporate Sustainability Due Diligence in the EU: Latest Updates and What to Expect Next

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

Don’t be Afraid of Mandatory Human Rights Due Diligence in the EU … It’s Already Here

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

Our Top 10 Predicted Business and Human Rights Issues for 2023

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

Downstream Due Diligence: Regulation through Litigation

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

Credit Funds: Riding the Sea of Change

We are delighted to bring this edition of Spotlight Magazine to you after the disruption of the past two years and the COVID-19 pandemic. There has been a sea of regulatory change that has evolved during this time, masked by...more

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