Mike Delikat and Stacy Kray are Partners and Carolyn Frantz is a Senior Counsel at Orrick Herrington & Sutcliffe LLP. This post is based on an Orrick memorandum and Practical Law Publication by Mr. Delikat, Ms. Kray, Ms. Frantz, Alex Talarides, J.T. Ho, and Hong Tran. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here) and Will Corporations Deliver Value to All Stakeholders? (discussed on the Forum here) both by Lucian A. Bebchuk and Roberto Tallarita; Stakeholder Capitalism in the Time of COVID (discussed on the Forum here) by Lucian Bebchuk, Kobi Kastiel, Roberto Tallarita; and Restoration: The Role Stakeholder Governance Must Play in Recreating a Fair and Sustainable American Economy—A Reply to Professor Rock (discussed on the Forum here) by Leo E. Strine, Jr.
Litigation and regulatory enforcement actions and threats related to environmental, social, and governance (ESG) company policies, practices, and disclosures have been in the spotlight recently. The topics encompassed by ESG, such as corporate diversity policies, workplace sexual harassment, and climate change-related issues, are not new areas for litigation. However, the increased focus by companies on ESG issues has engendered more litigation by private litigants and heightened scrutiny by governmental and regulatory agencies.
The SEC is...
Kim Se-ui, left, and Kim Soo-hyun / Xportsnews A year after actor Kim Soo-hyun broke down in tears at a high-profile press conference over allegations involving late actress Kim Sae-ron, the contr...