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Five Questions to Evaluate Whether a Business and Human Rights or Broader Sustainability Law is “Good”

The imminent decision by the European Union to postpone for a year its complex and multi‑faceted sustainability law, the Deforestation Regulation (EUDR), is something of a surprise. The EUDR requires, among other things, due...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

What exactly does “Due Diligence” mean under the CSDDD?

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

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

New California Law Imposes Anti-Greenwashing Disclosure Requirements Starting January 2024

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

Good Governance and The Future Scope of Human Rights Due Diligence

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

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

Norway and the Right to Information Under Human Rights Principles

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

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

You Better Watch Out: A New EU Corporate Sustainability Reporting Directive is Seeing the Day

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

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