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Program on Corporate Governance Advisory Board
- Peter Atkins
- David Bell
- Kerry E. Berchem
- Richard Brand
- Daniel Burch
- Paul Choi
- Jesse Cohn
- Arthur B. Crozier
- Renata J. Ferrari
- Andrew Freedman
- Ray Garcia
- Joseph Hall
- Jason M. Halper William P. Mills
- David Millstone
- Theodore Mirvis
- Philip Richter
- Elina Tetelbaum
- Sebastian Tiller
- Marc Trevino
- Steven J. Williams
Author Archives: Harvard Law School Forum on Corporate Governance and Financial Regulation
Top Three ESG Legal Issues to Watch in 2022
Governments, regulators, non-governmental organizations, the private sector and other important stakeholders worldwide continued to emphasize ESG issues in 2021. The energy sector was no exception to this trend as companies and investors were confronted with a host of ESG issues including the transition to a net-zero economy, evolving emissions reporting requirements and a growing focus […]
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Posted in Accounting & Disclosure, ESG, International Corporate Governance & Regulation, Practitioner Publications, Securities Regulation
Tagged Climate change, Environmental disclosure, ESG, Greenwashing, International governance, SEC rulemaking, Securities regulation, Sustainability
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2021 Climate & Voting Review and Global Trends
Key Takeaways In 2021 as in 2020, the majority of environmental and social-related shareholder proposals around the world were related to climate change and/or climate lobbying. More than half of the climate-related proposals were seen in the financial sector, the oil & gas sector, and the mining sector. Climate related shareholder proposals were seen in […]
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Posted in Boards of Directors, Corporate Elections & Voting, ESG, Institutional Investors, Practitioner Publications
Tagged Boards of Directors, Climate change, ESG, Institutional Investors, Risk, Say on climate, Shareholder proposals, Shareholder voting, Stakeholders
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Statement by Chair Gensler on Proposed Updates to Names Rule
Today [May 25, 2022], the Commission is considering a proposal to update the Names Rule. I am pleased to support this proposal because, if adopted, it would modernize this key rule for today’s markets and enhance the transparency of the asset management field. A fund’s name is often one of the most important pieces of […]
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Posted in ESG, Institutional Investors, Practitioner Publications, Regulators Materials, Securities Regulation, Speeches & Testimony
Tagged Asset management, ESG, Institutional Investors, SEC, SEC rulemaking, Securities regulation, Transparency
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Statement by Commissioner Peirce on Proposed Updates to Names Rule
Thank you, Mr. Chair, and thank you to the staff in the Divisions of Investment Management and Economic and Risk Analysis, and the Office of the General Counsel, and to others at the Commission who worked on this proposal. Thank you for meeting demanding deadlines under considerable pressure and for fielding my many questions with […]
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Posted in ESG, Institutional Investors, Practitioner Publications, Regulators Materials, Securities Regulation, Speeches & Testimony
Tagged Asset management, ESG, Institutional Investors, SEC, SEC rulemaking, Securities regulation, Transparency
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Weekly Roundup: May 20-26, 2022
SEC Files Fraud Complaint over False Safety Claims Posted by Jason Halper, Mark Beardsworth, and Duncan Grieve, Cadwalader, Wickersham & Taft LLP, on Friday, May 20, 2022 Tags: Brazil, Corporate crime, Disclosure, ESG, International corporate governance, Misconduct, SEC, SEC enforcement, Securities enforcement, Stakeholders A Tale of Two Networks: Common Ownership and Product Market Rivalry Posted by Florian Ederer (Yale) and Bruno Pellegrino (University of Maryland), on Friday, […]
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Today [May 25, 2022], the Commission is considering a proposal to improve disclosures by certain investment advisers and funds that purport to take Environmental, Social, and Governance (ESG) factors into consideration when making investing decisions. I am pleased to support this proposal because, if adopted, it would establish disclosure requirements for funds and advisers that […]
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Posted in Accounting & Disclosure, ESG, Institutional Investors, Practitioner Publications, Regulators Materials, Securities Regulation, Speeches & Testimony
Tagged Disclosure, Environmental disclosure, ESG, Greenwashing, Institutional Investors, SEC, SEC rulemaking, Securities regulation, Sustainability
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Statement by Commissioner Peirce on ESG Disclosures Proposal
Thank you, Mr. Chair. A key impetus for today’s rulemaking is a legitimate concern about the practice of greenwashing by investment advisers and investment companies. This concern is real because advisers can mint money by calling their products and services “green” without doing anything special to justify that label. Only days ago, we settled an […]
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Posted in ESG, Institutional Investors, Practitioner Publications, Regulators Materials, Securities Regulation, Speeches & Testimony
Tagged Climate change, Disclosure, Environmental disclosure, ESG, Greenwashing, Institutional Investors, Materiality, SEC, SEC rulemaking, Securities regulation, Sustainability
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Statement by Commissioner Lee on ESG Disclosures Proposal
I am pleased to support today’s proposal to bring greater transparency and accountability to sustainable investing. There has been explosive growth in investor interest and demand around such investments, both domestically and internationally. With that increasing demand comes increasing need for consistent, comparable, and reliable information—information to help protect investors from “greenwashing,” or exaggerated or […]
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Posted in Accounting & Disclosure, ESG, Practitioner Publications, Regulators Materials, Securities Regulation, Speeches & Testimony
Tagged Climate change, Disclosure, Environmental disclosure, ESG, Greenwashing, Institutional Investors, Materiality, SEC, SEC rulemaking, Securities regulation, Sustainability
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Nosedive: Boeing and the Corruption of the Deferred Prosecution Agreement
For public corporations, the deferred prosecution agreement (or “DPA”) has become the default rule. Whatever the crisis or scandal—foreign corrupt practices, securities fraud, opioids—the response of the public corporation is to cut a deal with the U.S. Attorney under which it conducts an internal investigation, agrees to a joint “Statement of Facts” describing the misconduct, […]
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