ESG Preparation, Enforcement, and Litigation: Past, Present, and Future

Event Details

May 18, 2021

2-3 p.m. (EDT)

Environmental, social, and governance (ESG) issues have been part of the corporate landscape for many years but have taken on increased focus recently for a variety of reasons. In this presentation, the panelists will discuss steps companies have considered and have taken to address these issues and then also cover the risks both from an SEC enforcement and stockholder litigation perspective that have arisen and can arise in this area.  Amongst other topics, the presentation will cover the SEC’s initial guidance on disclosures related to climate change, the recent request for comments on that guidance, and other ways in which the SEC has commented on ESG issues recently. The presentation will also cover some past stockholder litigation that we would likely now classify as raising ESG issues and how stockholder related ESG litigation has increased recently and might increase further in the future. The panel will ultimately make some suggestions as to how companies can potentially reduce their exposure on ESG issues going forward.

Additional Resources  

SEC Response to Climate and ESG Risks and Opportunities

Strategic Oversight of ESG: A Board Primer

NACD General Counsel & Corporate Secretary Resource Center