Environmental, social, and governance (ESG) issues have long been fundamental to many of the world’s leading companies and asset managers.
Publications
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12.14.2023Preparing for the 2024 Public Company Reporting SeasonUpdatesIn anticipation of the upcoming reporting season, this Update highlights some of the most significant rule changes, guidance, institutional investor areas of focus, and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2024.
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10.19.2023California Enacts Broad Climate Disclosure LawsUpdatesCalifornia Governor Gavin Newsom signed two climate disclosure bills into law on October 7, 2023. They will impose significant reporting obligations on thousands of companies doing business in California.
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09.12.2023New Rules for Climate Commitment Act Designed To Rein in Compliance CostsUpdatesThe Washington Department of Ecology recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act, the state’s carbon emissions cap-and-trade program.
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08.10.2023The US Patent and Trademark Office’s Climate Change Mitigation Pilot ProgramUpdatesThe U.S. Patent and Trademark Office extended its Climate Change Mitigation Pilot Program on June 6, 2023, encouraging inventors to play a more significant role in mitigating climate change. The USPTO created the CCMPP more than a year ago in response to President Biden’s Executive Order 14008, which supports climate action throughout the United States.
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08.02.2023How The Fashion Industry Can Mitigate ESG-Related RisksArticlesThe fashion industry, known for its dynamic and ever-evolving nature, is embracing environmental, social and governance principles like never before.
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07.19.2023Three Questions About the Recent Attorneys General Letter Related to DEI ProgramsUpdatesOn July 13, 2023, 13 attorneys general signed a public letter voicing opposition to employers’ use of diversity, equity, and inclusion plans. The letter alleges that the U.S. Supreme Court’s recent decision banning race-based affirmative action in college admissions implicates corporate DEI programs.
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06.22.2023Nature-Based Carbon Offsets—Race to Quality?UpdatesOver the last decade, carbon offsets have gained popularity within the retail and consumer products industry as a voluntary tool to mitigate their Scope 1, 2, and 3 greenhouse gas emissions.
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06.14.2023ESG and the Apparel Industry: Always in FashionUpdatesIn recent years, the apparel, fashion, and luxury goods industries have seen an increased focus on environmental, social, and governance (ESG) initiatives.
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04.20.2023IRS Issues Guidance on Battery Sourcing Requirements for Clean Vehicle Tax CreditsUpdatesThe Internal Revenue Service published guidance on April 17, 2023, in the form of a Notice of Proposed Rulemaking, detailing the critical minerals and battery components requirements under Section 30D, enacted by the Inflation Reduction Act of 2022.
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02.06.2023Corporate Boards Are Ramping up These Sustainability PrioritiesArticlesSustainability remains a top priority for corporate boards this year as industries field growing demand from investors, consumers, and governments for more accountability, transparency, and responsiveness.
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02.02.2023Washington State Implements Major Programs To Reach Climate GoalsUpdatesTwo climate-related regulatory programs impacting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act (CCA) introduces an economywide emissions cap-and-invest program. Second, the Clean Fuels Program will regulate transportation emissions. Together, these programs are intended to help the state reach ambitious statutory emissions reductions targets, including a goal of achieving a 95% reduction in greenhouse gas emissions below 1990 levels by 2050.
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01.11.2023IRS Issues Fact Sheet for New Federal Clean Vehicle Tax CreditsUpdatesThe Internal Revenue Service published a fact sheet clarifying changes in federal clean vehicle tax credits enacted through the Inflation Reduction Act in August 2022.
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01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
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12.19.2022Preparing for the 2023 Public Company Reporting SeasonUpdatesIn anticipation of the upcoming annual report and proxy season, we are highlighting new requirements and trends for public companies in 2023.
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11.23.2022White House Releases Version 1.0 of Climate and Economic Justice Screening ToolUpdatesThe Biden-Harris administration launched Version 1.0 of its Climate and Economic Justice Screening Tool on November 22, 2022.
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11.11.2022ESG Helps Emerging Companies Add Value and Reduce RiskArticlesPerkins Coie attorney Kevin Feldis explains how effective ESG plans give startup companies a competitive edge. This includes recruiting top talent, communicating priorities, and other factors that increase long-term value.
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09.28.20222022 Summer Sustainability Series: A Look BackUpdates
The first day of fall offered an opportunity to look back at the summer that was. Summer 2022 was a time of continued supply chain disruptions; inflation; and acceleration of environmental, social, and governance investing and reporting. In this Update, we review this year’s Sustainability Series. As a topic of conversation and, more importantly, a goal for the retail and outdoor industries, sustainability will continue to be at the forefront of the strategic conversation for businesses, investors, and regulators.
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08.26.2022The Inflation Reduction Act and the Rise of Clean HydrogenUpdatesPresident Biden signed into law the Inflation Reduction Act on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and reducing of greenhouse gas emissions by 40% by 2030.
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07.15.2022So, What Is Sustainable Investing Anyway?UpdatesSustainable investing is a big and growing business. It is also widely misunderstood. Many of the predominant investment tools used to assess public company environmental, social and governance practices have been widely criticized as inadequate and potentially misleading.
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06.28.2022Transforming Institutions to Connect Land and Water for Healthy CommunitiesArticlesPartner Ted Boling co-authored “Transforming Institutions to Connect Land and Water for Healthy Communities” published in the Journal of the American Water Resources Association (JAWR).
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05.06.2022To Meet ESG Goals, Cos. Must Scrutinize Carbon OffsetsArticles
Law360
Seemingly every other week, another company pledges to reduce greenhouse gas emissions, and to achieve net-zero emissions by 2050 or sooner. These efforts are to be applauded. -
04.25.2022FERC Greenlights PJM and New Jersey Offshore Wind Transmission AgreementUpdatesOn April 14, 2022, the Federal Energy Regulatory Commission accepted a “State Agreement Approach” Agreement between PJM Interconnection, LLC and the New Jersey Board of Public Utilities effective April 15, 2022.
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03.30.2022What Companies Should Know Now About the SEC’s Proposed Rule on Mandatory Climate Disclosures—and How to Plan AheadUpdatesThe U.S. Securities and Exchange Commission on March 21, 2022, proposed detailed and wide-ranging requirements for publicly traded companies to disclose their greenhouse gas (GHG) emissions and climate risks in their registration statements and annual or other periodic reports.
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03.08.2022Solutions to the Wealth GapPodcastsFirst Generation Investors (FGI) is a nonprofit 501(c)3 organization started by two University of Pennsylvania students who wanted to do more than talk about a problem.
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01.10.2022ESG Resolutions for 2022Articles
Bloomberg Law
Perkins Coie partners Kevin Feldis, David Daniels, and Jamie Schafer offer environmental, social and governance corporate resolutions for the new year and highlight key action steps to take, starting with prioritizing ESG and conducting an assessment. -
01.07.2022Preparing for the 2022 Public Company Reporting SeasonUpdatesDuring 2021, the U.S. Securities and Exchange Commission (SEC) adopted rule changes and provided public companies with useful guidance on various topics.
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12.2021Assessing ESG Risks for Businesses in the COVID-19 EraArticlesCOVID-19 disrupted business operations, supply chains, and economies around the globe. In response, businesses had to respond to multiple crises throughout their operations. Companies sought to make good choices concerning procurement, logistics, HR, and go-forward strategies.
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12.28.2021Child Labor and COVID-19—It’s Time to Make Meaningful New Year’s Supply Chain ResolutionsUpdatesWith the new year approaching, this is an excellent time to turn over that new leaf and commit to starting, or reestablishing, good habits. Businesses should be no different.
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12.16.2021Opportunities and Challenges in Biden’s Plan for a Zero-Carbon Federal Government by 2050President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050
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12.16.2021The Biden Administration’s Plan for a Zero-Carbon Federal Government by 2050UpdatesPresident Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.
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12.09.2021The Infrastructure Investment and Jobs Act Creates a Network of Electric Vehicle Charging Stations, but Issues RemainUpdatesThe Infrastructure Investment and Jobs Act, signed into law by President Biden on November 15, 2021, has the potential to transform the surface transportation sector in the United States.
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11.22.2021COP26: Corporate Impacts and OpportunitiesUpdatesThe 26th United Nations Climate Change Conference of the Parties, wrapped up earlier this month in Glasgow, Scotland, after two weeks of negotiations. This update discusses how international agreements and U.S. policy announcements coming out of COP26 will affect businesses and provide opportunities in the months and years ahead.
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09.17.2021Harlem Art FundPodcastsHarlem Art Fund - Helping underrepresented artists receive more value for their work and creating an exhibition pipeline. Founder Lewis Long creates a new model in fine art agency and investment.
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07.21.2021ESG Claims in an Era of Heightened Regulatory and Litigation RisksUpdates
From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As corporations take action and report on their ESG challenges and achievements, they will be well served to take steps to mitigate the risks of both regulatory enforcement and private litigation.
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06.08.2021ESG Leadership: Heeding the Call to ActionArticlesAn oil industry giant just lost a proxy battle that unseated incumbents and installed at least two new independent board members in a move that is expected to put a focus on the company’s approach to climate action and reducing emissions—putting to rest any doubt that the landscape in which businesses operate has been fundamentally transformed.
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05.04.2021Public-Private Partnerships for Urban Education—The Building of At Last!PodcastsIn this episode, a logistics entrepreneur draws on his personal experience and collaborates with a technology consultant to both create an economic development zone and lift kids out of poverty.
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04.21.2021Reimagining Policing in Partnership with CommunitiesPodcasts“The Initiative” is a Black/Blue community partnership developed by Howard University alumni to help eliminate the indiscriminate killing and violent policing of black and brown people in our society.
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03.22.2021ESG Rewards, Risks, Compliance, and TipsPodcasts
White Collar Briefly - Episode 25
White Collar Partner Kevin Feldis speaks with Tony Davis, chief executive officer and chief information officer of Inherent Group, a value-based investment company that uses environmental, social and governance factors to make investment decisions.
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03.08.2021Climate Change Takes Center Stage at the SECUpdates
Over the past few weeks, the U.S. Securities and Exchange Commission has taken several actions that put climate change front and center, reflecting the importance to many investors of climate change related disclosures.
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02.16.2021Investigative Journalist Cam Simpson on Combating Forced Labor and Other Supply Chain RisksPodcasts
White Collar Briefly - Episode 22
Cam Simpson and Markus Funk discuss Cam's diverse career, with a particular focus on Cam's work relating to human trafficking and other forms of forced labor. -
RelevantNOWPodcastsRelevantNOW examines the intersection of business and public interest. Experts will analyze and provide a fresh take on the most relevant issues we face today through an environmental social governance lens.
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12.07.2020Preparing for the 2021 Public Company Reporting SeasonUpdatesIn anticipation of the upcoming reporting season, we highlight rule changes, guidance, and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2021.
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08.10.2020Investor Focus on SustainabilityUpdatesCompanies across industries—from retail to high tech to financial services—are touting their sustainability initiatives to attract and retain customers and employees.
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07.2020/08.2020Accelerating Gender Diversity on Boards: Reviewing Legislative ActionArticlesFor the past generation, mainstream public companies in America have slowly increased the gender and racial diversity of their boards of directors to better reflect the faces of the American consumer and the shareholder base.
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11.20.2019Opinion: Equity in Boardrooms Goes Beyond NumbersLawyer PublicationsThis year has seen a host of headlines trumpeting the results of efforts over the past several years to increase gender equality in the boardroom.
Presentations
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02.28.2024Effective Governance: Increasing Board Awareness of Compliance Matters in a Business Never as Usual EnvironmentSpeaking Engagements
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02.27.2024State Action: Complying with a New Environment of Packaging and Chemical LawsSpeaking EngagementsPanelist
Consumer Brands Association 2024 CPG Legal Forum / Rancho Palos Verdes, CA -
02.08.2024Beauty, Personal Care, and Cosmetics Legal RoundtableSpeaking Engagements
Legal Roundtable Discussions / New York, NY
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10.19.2023What is ESG & Why do Idaho Companies Care?Speaking EngagementsModerator
Idaho Business for Outdoors / Boise, ID -
09.19.2023ESG Regulatory RoundtableSpeaking EngagementsInvestment Management Education Alliance / Boston, MA
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04.12.2023ESG Oversight: The Fundamentals in an Evolving Space for Fund BoardsSpeaking EngagementsMutual Fund Directors Forum
University of Maryland School of Business Center for Financial Policy / Washington, D.C. -
04.04.2023The Law of Climate ChangeSpeaking EngagementsEnvironmental Law Institute
Western Boot Camp on Environmental Law -
02.23.2023Sustainability & ESG in 2023: Key Developments and Hot TopicsSpeaking Engagements
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02.08.2023Food and Consumer Packaged Goods Litigation UpdateSpeaking EngagementsConsumer Brands Association / VirtualDavid Biderman, Kristine Kruger, and Jasmine Wetherell provided a review of the past year’s key litigation outcomes, regulatory developments, and industry trends.
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02.06.2023What is an ESG? An Exploration of Environmental, Social, and Governance Work at Idaho CompaniesSpeaking EngagementsModerator
Idaho Environmental Forum / Boise, ID -
01.10.2023ESG Considerations for Asset Managers - The Emerging Regulatory Framework Applying to Investment Funds and Investment Advisers 2023Speaking EngagementsPracticising Law Institute / New York
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09.16.2022Environmental, Social, and Governance Priorities for Public and Private CompaniesSpeaking EngagementsModerator
Idaho State Bar Association 2022 Annual Business and Corporate Law Section CLE / Boise, ID -
01.27.2022What Is ESG? An Exploration of Environmental, Social, and GovernanceSpeaking Engagements
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06.08.2021
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03.23.2021The Law of Climate ChangeSpeaking Engagements
Environmental Law Institute
Seventeenth Annual Western Boot Camp on Environmental Law® -
03.04.2021ESG: Investing and ImplementationSpeaking Engagements
Moderator
Investment Adviser Association 2021 Compliance Conference / Virtual
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10.14.2020
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09.17.20202019/2020 Forest Resources Year in Review and Midyear UpdateSpeaking EngagementsABA Forest Resources Section / Virtual
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03.14.2019ESG: Investment Process and ComplianceSpeaking EngagementsPanelist
IAA Investment Adviser Compliance Conference 2019 / Washington, DC