Environmental, social, and governance (ESG) considerations have undergone a significant transformation in recent years. Seemingly overnight, it has become one of the dominant factors influencing investment, lending, and procurement decisions around the globe. Corporations, across of a spectrum of industries, have announced ESG commitments, including binding commitments to reduce greenhouse gas emissions and achieve net zero emissions. Banks and investors have diverted capital away from fossil fuels in favor of greener options.
The Biden Administration has been at the forefront of the advancement of ESG considerations, including making policy changes within agencies such as the Securities and Exchange Commission and pushing the United States towards renewable energy and electric vehicles in lieu of reliance on fossil fuels. Taken together, the prioritization of ESG considerations by corporations creates both opportunity and risk. Standardized metrics to evaluating ESG considerations are still in its infancy, and many are simply not well suited to the “carrot and stick” regulatory and enforcement regime in the United States. The latest 10-K reporting system will showcase how public companies are disclosing the risk and opportunities in the Biden-ESG era. And, as noted, these public disclosures, along with disclosures made in a variety of other money raising activities (bonds, IPO, public and private offers), create risks, not only because of the lack of metrics, but also because companies are pushing out ESG initiatives at a rapid pace, establishing targets and making assumptions on how those targets can be achieved in the absence of a well-defined regulatory regime. Finally, as companies seek to position themselves favorable within the ESG space to meet customer expectations and gain market share, ESG-related marketing creates potential risks associated with so-called “greenwashing,” which the Biden Administration has stated will be an enforcement priority.
The webinar addressed:
- Developments on ESG and climate change matters at the SEC, lessons learned, experiences and disclosure best practices;
- Securities litigation risk surrounding ESG and climate change;
- Greenwashing and FTC developments and best practices; and
- Legislative update on climate change and ESG matters.
Presenters
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