Environmental, Social, and Corporate Governance (ESG)

Read about Mintz’s quantitative analysis of SEC comment letters related to climate change and environmental, social, and governance (ESG) principles issued in the next 21-month period from April 1, 2023 to December 31, 2024.

ESG Co-chair Jen Rubin hosts a conversation on the challenges and best practices surrounding employee handbooks. This episode is part of a series of conversations designed to help employers navigate workplace changes under the upcoming Trump administration.

ESG Co-chair Jen Rubin hosts an in-depth discussion about mandatory diversity metrics and their relevance following the Fifth Circuit’s recent decision to vacate Nasdaq’s board diversity rules.

ESG Co-chair Jen Rubin hosts a thoughtful discussion on diversity diversions and the future of DEI programs under the new administration.

Every year, Mintz provides analysis of the regulatory developments affecting public companies as they approach fiscal year-end filings with the Securities and Exchange Commission and annual shareholder meetings. This memorandum highlights key considerations to guide you through the 2025 year-end reporting process.

In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin hosts a timely discussion on Title VII of the Civil Rights Act, Executive Order 11246, and how employers can prepare for the next administration.

ESG Co-chair Jen Rubin moderates a forward-looking discussion on what businesses can expect for ESG, clean tech, and energy regulation under the second Trump administration.

Read about environmental, social, and governance (ESG) ratings, including a discussion of their utility, methodologies used to calculate them, and key takeaways for executives, financial professionals, and other market participants concerning the use of ESG scores.

Read about the SEC’s long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors,” which mandates disclosures of climate-related information by US capital markets participants.

ESG is today’s political football. As Americans take sides and root for their home teams, companies find themselves at the crux of a battlefield that pitches corporate values, strategy, and reputation against a shifting and dynamic legal and political landscape. This informative panel discussed practical strategies in-house counsel may employ to tackle ESG-related challenges.

Public companies need to consider regulatory, legal, market, and ESG-related developments in preparing for their fiscal year-end filings with the SEC and their annual shareholder meetings. In an in-depth memorandum, Mintz attorneys discuss the SEC’s new cybersecurity disclosure rule, recent trends in reverse stock splits, and the SEC’s disclosure requirements for Rule 10b5-1 trading plans and insider trading policies, and other emerging issues affecting public companies.

Much ink has been spilled about ESG laws and regulations targeted at the investment of public funds, and rightfully so.  Yet, there has been little discussion of novel requirements imposed on banks that simply hold state or local funds as depository institutions.

From July 2021 through March 2023, the SEC sent reporting entities more than 100 letters seeking information on climate change topics and nearly 170 letters concerning greenwashing. In an in-depth analysis, Mintz attorneys identify and analyze the frequency of various categories of questions as well as the industries and characteristics of the businesses targeted.

Read about proposed legislation in Texas that would impose extensive new fees and requirements on solar and wind energy generators if enacted into law.

In recent years, companies and investment managers have increasingly considered environmental, social, and governance (“ESG”) issues in corporate strategy and decision-making, whether in response to investor pressure or due to self-imposed changes via internal processes.  Indeed, a market has developed for ESG-compliant investments over the past few years.  And while ESG-focused investing is more popular than ever, the topic has become increasingly politically fraught.

Prior to the recent midterm elections, we wrote about five Senate Republicans who issued a warning letter to major U.S. law firms regarding the potential antitrust implications of Environmental, Social, and Governance (“ESG”) investing and activities. The letter advises that ESG activities may be viewed as “climate cartels” and present antitrust risk when firms engage in ESG group initiatives. With the midterm election results, those Senate Republicans will likely not be able to follow through on this line of investigation. However, House Republicans have taken up the issue, and they will have the ability to conduct antitrust scrutiny of ESG initiatives.

In our sixth session, the team is joined by Jason Vigna, a Member in our Securities Litigation Practice, to discuss best practices for handling crises in the boardroom — including identifying, documenting, discussing, managing, and disclosing material risks.